Legal Opinion
Oak Glen of Edina v. Brewington
Court of Appeals of Minnesota
Decided April 23, 2002No. C8-01-1296PublishedCited by 3 opinions
1Opinion of the Court
OPINION
LANSING, Judge.
The district court issued an order for the restitution of premises rented under a Section 8 lease, based on the tenant’s repeated failure to pay rent timely. Because the landlord failed to demonstrate the other preconditions necessary for eviction based on repeated minor violations and continued to accept rent payments for six months after the last late rent payment, the landlord failed to establish the material noncompliance necessary to terminate the tenancy and waived its right to evict. We therefore reverse and remand to the district court for determination of the…
2Cases cited10 opinions
- Thiele v. StichSupreme Court of Minnesota · 1988
- Department of Housing and Urban Development v. RuckerSupreme Court of the United States · 2002
- Attorney General v. BrownMassachusetts Supreme Judicial Court · 1987
- Max R. Kargman v. Thomas A. Sullivan, Bertram A. Druker v. City of BostonCourt of Appeals for the First Circuit · 1977
- Kenny v. Seu Si LunSupreme Court of Minnesota · 1907
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3Cited by3 opinions
- Cimarron Village v. WashingtonCourt of Appeals of Minnesota · 2003
- Manor v. GalesCourt of Appeals of Minnesota · 2002
- Hook & Ladder Apartments, L.P., Respondent, vs. Nichole Nalewaja, Appellant, John Doe, et. al., DefendantsSupreme Court of Minnesota · 2025