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Minnesota Supreme Court Recognizes a Common-Law Defense to Retaliatory Evictions

June 12, 2019 by Eric Hauge Leave a Comment

HOME Line attorney Samuel Spaid making arguments at the Minnesota Supreme Court.

Today, the Minnesota Supreme Court held that residential “tenants have a common-law defense to landlord evictions in retaliation for tenant complaints about material violations by the landlord of state or local law, residential covenants, or the lease.” (Page 18). 

In simpler terms, the Court said that a landlord cannot file an eviction against their tenant if their motivation for doing so is retaliatory. This defense is important to tenants because in many cases landlords may file pretext evictions, evictions which state that the reason for eviction is one thing when the real reason for that eviction is retaliatory.

This defense gives tenants the security they need to enforce their rights under the lease. As the Court noted recognizing “a common-law retaliation defense furthers justice. A lease is not a one-way street that entitle only the landlord to the aid of the law. The tenant, too, is entitled to rely on the lease, residential covenants, city codes, and state laws. A tenant’s good-faith complaint that the landlord has materially violated the law or lease should not lead to homelessness for the tenant and the tenant’s family.” (Page 19).

HOME Line attorneys Samuel Spaid and Paul Birnberg represented the tenant in this case. This is a critically important outcome that will have a longstanding positive impact on the rights of renters throughout the state of Minnesota.

If you are a Minnesota renter who is facing retaliation from a landlord, or you simply wish to understand how this impacts your rights and protections against retaliation, please contact HOME Line’s free and confidential tenant hotline: 612-728-5767 / email an attorney.

For media inquiries, please contact Samuel Spaid: 612-728-5770, extension 112.

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