Question

On March 1, Sharon Fitzgerald entered into an oral lease of a house owned by Parkin. The lease was on a month-to-month basis, and the rent was set at $290 per month. Parkin also agreed to make certain repairs to the house. On July 1, Fitzgerald notified Parkin by mail of the repairs that needed to be made. These included repairs of leaky pipes, the kitchen ceiling, and the back porch. Fitzgerald also said she would withhold the rent if the repairs were not made within 30 days. On July 13, Fitzgerald had the premises inspected by a city housing inspector who found eight violations of the city code. Parkin was given notice of these violations. On July 29, Parkin served Fitzgerald with a formally correct notice to vacate the premises within 30 days. In September, he brought a lawsuit to have Fitzgerald evicted. A Minnesota statute gives a tenant a defense to an eviction action if the eviction is in retaliation for the reporting of a housing violation in good faith to city officials. Could the landlord evict the tenant from the house under these circumstances?



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  • CreatedJuly 16, 2014
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