1998 Minnesota Statutes

     566.03 Recovery of possession; defenses. 

    Subdivision 1.  The person entitled to the premises may 
 recover possession in the manner provided in this section when: 

    (1) any person holds over lands or tenements after a sale 
 thereof on an execution or judgment, or on foreclosure of a 
 mortgage, and expiration of the time for redemption, or after 
 termination of contract to convey the same, provided that if the 
 person holding such lands or tenements after the expiration of 
 the time for redemption or termination is a tenant, the person 
 has received: 

    (i) at least one month's written notice to vacate no sooner 
 than one month after the expiration of the time for redemption 
 or termination, provided that the tenant pays the rent and 
 abides by all terms of the lease; or 

    (ii) at least one month's written notice to vacate no later 
 than the date of the expiration of the time for redemption or 
 termination, which notice shall also state that the sender will 
 hold the tenant harmless for breaching the lease by vacating the 
 premises if the mortgage is redeemed or the contract is 
 reinstated; 

    (2) any person holds over lands or tenements after 
 termination of the time for which they are demised or let to 
 that person or to the persons under whom that person holds 
 possession, or contrary to the conditions or covenants of the 
 lease or agreement under which that person holds, or after any 
 rent becomes due according to the terms of such lease or 
 agreement; or 

    (3) any tenant at will holds over after the determination 
 of the estate by notice to quit. 

    Subd. 2.  It shall be a defense to an action for recovery 
 of premises following the alleged termination of a tenancy by 
 notice to quit for the defendant to prove by a fair 
 preponderance of the evidence that: 

    (1) The alleged termination was intended in whole or part 
 as a penalty for the defendant's good faith attempt to secure or 
 enforce rights under a lease or contract, oral or written, or 
 under the laws of the state, any of its governmental 
 subdivisions, or of the United States; or 

    (2) The alleged termination was intended in whole or part 
 as a penalty for the defendant's good faith report to a 
 governmental authority of the plaintiff's violation of any 
 health, safety, housing or building codes or ordinances. 

    If the notice to quit was served within 90 days of the date 
 of any act of the tenant coming within the terms of clause (1) 
 or (2) the burden of proving that the notice to quit was not 
 served in whole or part for a retaliatory purpose shall rest 
 with the plaintiff. 

    Subd. 3.  In any proceeding for the restitution of premises 
 upon the ground of nonpayment of rent, it shall be a defense 
 thereto if the tenant establishes by a preponderance of the 
 evidence that the plaintiff increased the tenant's rent or 
 decreased the services as a penalty in whole or part for any 
 lawful act of the tenant as described in subdivision 2, 
 providing that the tenant tender to the court or to the 
 plaintiff the amount of rent due and payable under the tenant's 
 original obligation. 

    Subd. 4.  Nothing contained herein shall limit the right of 
 the lessor pursuant to the provisions of subdivision 1 to 
 terminate a tenancy for a violation by the tenant of a lawful, 
 material provision of a lease or contract, whether written or 
 oral, or to hold the tenant liable for damage to the premises 
 caused by the tenant or a person acting under the tenant's 
 direction or control. 

    Subd. 5.  (a) An action for recovery of the premises may 
 combine the allegation of nonpayment of rent and the allegation 
 of material violation of the lease, which shall be heard as 
 alternative grounds. 

    (b) In cases where rent is outstanding, a tenant is not 
 required to pay into court the amount of rent in arrears, 
 interest, and costs as required under section 504.02 to defend 
 against an allegation by the landlord that the tenant has 
 committed a material violation of the lease. 

    (c) If the landlord does not prevail in proving material 
 violation of the lease, and the landlord has also alleged that 
 rent is due, the tenant shall be permitted to present defenses 
 to the court that the rent is not owing.  The tenant shall be 
 given up to seven days of additional time to pay any rent 
 determined by the court to be due.  The court may order the 
 tenant to pay rent and any costs determined to be due directly 
 to the landlord or to be deposited with the court. 

    HIST: (9149) RL s 4038; 1917 c 227 s 2; 1971 c 240 s 1; 1976 c 
 17 s 1; 1984 c 566 s 5; 1986 c 444; 1992 c 376 art 1 s 10; 1993 
 c 165 s 3 

*   NOTE:  This section is repealed by Laws 1998, chapter 253, 
*section 80, effective July 1, 1999.  Laws 1998, chapter 253, 
*section 81.