STATE OF MINNESOTA

COUNTY OF

DISTRICT COURT
 ______________ JUDICIAL DISTRICT
                     DIVISION:                       
CASE TYPE: UNLAWFUL DETAINER (EVICTION)

,
		Plaintiff (Landlord),

v.

                                                                 ,
		Defendant (Tenant).

ANSWER AND MOTION
FOR DISMISSAL OR
SUMMARY JUDGMENT

LASM Form No. A-2 (Mar. 2008)
Mobile/Manufactured Home Park Lot

Case No.

For my answer to Plaintiff's complaint, I state the following defenses and the reasons why I should not be evicted, and ask that the case be dismissed.

A.	GENERAL ANSWER

	1.	G	I admit the facts in these paragraphs of the complaint:                                         
	2.	G	I deny the facts in these paragraphs of the complaint:                                          
	3.	G	I cannot admit or deny these paragraphs of the complaint:                                     

B.	TYPE OF TENANCY OR OCCUPANCY

	1.	G	Mobile or manufactured home park lot rental.

C.	SERVICE

	1.	G	The summons and complaint (court papers) were not delivered or mailed at least seven days before the court hearing.  Minn. Stat. § 504B.331 (formerly § 566.06).

	2.	G	The court papers were delivered on a legal holiday.  Minn. Stat. § 645.44.

	3.	G	The named-Plaintiff delivered the court papers.  Minn. R. Civ. P. 4.02.

	4.	G	Plaintiff improperly used substituted service to give the court papers to another person and not me.  Minn. Stat. § 504B.331 (formerly § 566.06).

a.	G	Plaintiff could have found me in the county.
b.	G	The person does not reside with me.
c.	G	The person is not of suitable age and discretion.
d.	G	The person was not at my residence when the court papers were delivered.

	5.	G	Plaintiff improperly used service by mail and posting.  Minn. Stat. § 504B.331 (formerly § 566.06).

a.	G	Plaintiff could have found me in the county.
b.	G	Plaintiff did not try personal service twice on different days, once between 6:00 p.m. and 10:00 p.m.
c.	G	The court papers were mailed but not posted, or posted but not mailed.
d.	G	Plaintiff posted the court papers before mailing the court papers or filing the affidavit of mailing.
e.	G	The named-Plaintiff did not sign the affidavit of mailing.

	6.	G	Plaintiff filed an expedited case.  The court papers were not served within 24 hours after the summons was issued.  Minn. Stat. § 504B.321 (formerly § 566.05).

	7.	G	Other.                                                                                                                                                                                                                                                                                                                                                                                                   .

D.	PRECONDITIONS FOR RECOVERY OF THE PREMISES

	1.	G	Plaintiff is not the person entitled to possession of the building or an authorized management agent.  Minn. Stat. § 481.02, subd. 3(13); Minn. Gen. R. Prac. 603.

	2.	G	The person suing on behalf of Plaintiff did not file a power of authority.  Minn. Gen. R. Prac. 603.

	3.	G	Plaintiff or Plaintiff's management company is a corporation or a similar entity and must be represented by an attorney.  Nicollet Restorations, Inc. v. Turnham, 486 N.W.2d 753 (Minn. 1992).

	4.	G	Plaintiff or Plaintiff's agent is engaging in unauthorized practice of law by charging a separate fee for representing the owner in this case.  Minn. Stat. § 481.02, subd. 3(12-13).

	5.	G	I did not know the names of the owner and manager of the building and addresses at which they could be served 30 days before filing this case.  Minn. Stat. § 504B.181 (formerly 504.22).

	6.	G	Plaintiff is a business which did not register its trade name with the Secretary of State, entitling me to $250.00 in costs or by set off.  Minn. Stat. §§ 333.001-333.06.

	7.	G	Plaintiff failed to state the facts which authorize recovery of the premises, by failing to state:                                                                                                                                                                                                                                                                                                                                                                             .  Minn. Stat. § 504B.321 (formerly 566.05); Minn. Gen. R. Prac. 604(a).

	8.	G	Plaintiff is a landlord of a residential building with 12 or more residential units, but failed to provide a written lease. Minn. Stat. § 504B.111.

9.	G	I am a military service member or active National Guard member covered by the Servicemembers Civil Relief Act.  50 App. U.S.C.A §§ 501-594.

	10.	G	Other.                                                                                                                                                                                                                                                                                                                                                                                                   .

E.	HOLDING OVER CASES

	1.	G	Plaintiff alleges holding over after notice.  Plaintiff did not attach a copy of the termination notice to the complaint.  Plaintiff must provide a copy of the notice to me at the hearing.   Minn. Gen. R. Prac. 604(c).

	2.	G	Plaintiff did not give me proper notice to end my lease.  Minn. Stat. §§ 327C.09, 327C.095, 327C.10.

		a.	G	10 days notice of nonpayment of rent or utilities (1) to me and (2) to the party holding a security interest in my home.
		b.	G	Reasonable notice of violation of a mobile home law.
		c.	G	30 days notice of violation of a park rule which states the date, approximate time, and nature of the alleged rule violation.
		d.	G	90 days notice of park improvements.
		e.	G	9 months notice from the park owner and 45 days notice from the park purchaser to close or convert the park to another use.

	3.	G	Plaintiff may not evict me without cause.  Minn. Stat. §§ 327C.09, 327C.095, 327C.10.

	4.	G	Plaintiff’s notice for me to move was retaliatory under Minn. Stat. §§ 327C.10,  327C.12, 504B.285 (formerly §  566.03), and 504B.441 (formerly §  566.28),  and was intended in whole or part  as a penalty:

			a	G	for my good faith attempt on _____________ to secure or  enforce rights under a lease or contract, oral or written, under  the laws of the state or any of its governmental subdivisions,  or of the United States; or 
			b	G	for my good faith report on ______________ to a  governmental authority of the plaintiff's violation of a health,  safety, housing, or building code or ordinance.

	5.	G	Plaintiff waived the notice to end my lease or is estopped from enforcing it by:

a.	G	Accepting rent after the move out date. Minn. Stat. §  § 327C.11, Subd. 2; Lea v. Pieper, 345 N.W.2d 267 (Minn. Ct. App. 1984).
b.	G	Demanding rent in this case.  Minn. Stat. §  § 327C.11, Subd. 2; Lea v. Pieper, 345 N.W.2d 267 (Minn. Ct. App. 1984).

	6.	G	Plaintiff is discriminating against me as a member of a protected class.  Barnes v. Weis Management Co., 347 N.W.2d 519, 522 (Minn. Ct. App. 1984); 42 U.S.C. § 3604; Minn. Stat. § 363.03.

	7.	G	Other.                                                                                                                                                                                                                                                                                                                                                                                                   . 

F.	NONPAYMENT OF RENT CASES

	1.	G	Proper notice was required before filing this action.  Minn. Stat. § 327C.09.  See Holding Over Cases Defenses, Section E, supra.

	2.	G	 Plaintiff alleges nonpayment of rent and material lease violations.  I do not have to pay rent into court.  The court must consider the lease violations claim before considering the nonpayment of rent claim.  Minn. Stat. § 504B.285, subd. 5 (formerly § 566.03, subd. 5).

	3.	G	I don't owe all of the rent alleged.  

	4.	G	Plaintiff has violated the covenants of habitability by not making repairs, including but not limited to:                                                                                                                                                                                                                                                                                                                                                                                                                                 .  I request that the court reduce my past rent, beginning in                , and reduce future rent until repairs are completed.  Minn. Stat. §§ 327C.10,  504B. 161 (formerly § 504.18); Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973).

	5.	G	I notified Plaintiff and paid $                     for utility or essential services after the utility company terminated the service or threatened to terminate the service, due to Plaintiff's failure to pay.  This payment must be deducted from rent.  Minn. Stat. § 504B.215 (formerly § 504.185).

	6.	G	My lease states that I am supposed to pay for                      utility service, but I have a shared meter which does not accurately reflect my utility use.  Minn. Stat. § 504B.215 (formerly § 504.185).  I request that the court:

a.	G	reduce my past rent, beginning in                , 19     , and reduce future rent until Plaintiff follows the law.  Minn. Stat. § 504B.215 (formerly § 504.185), § 504B.161 (formerly § 504.18); Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973);
			b.	G	award me treble damages or $500, whichever is greater, and reasonable attorney's fees. Minn. Stat. § 504B.215 (formerly § 504.185),  § 504B.221 (formerly § 504.26).

	7.	G	Plaintiff wrongfully locked me out of or excluded me from the premises for            days.  I request that the court:

			a.	G	award me an abatement of $                    .  Chapman v. Fabian, 104 Minn. 176, 177, 116 N.W. 207,        (1908);
			b.	G	award me treble damages or $500, whichever is greater, and reasonable attorney's fees.      Minn. Stat. § 504B. 231 (formerly § 504.255), §§ 557.08, 557.09.

	8.	G	 Plaintiff improperly raised my rent.

			a.	G	Plaintiff did not give proper notice to increase my  rent.  Minn. Stat. §§ 327C.02, 327C.10.
			b.	G	The rent increase was unreasonable.  Minn. Stat. § 327C.02, subd. 2.
			c.	G	Plaintiff raised the rent more than twice in 12 months.  Minn. Stat. §§ 327C.06, subd. 3, 327C.10. 
			d.	G	Plaintiff’s notice for me to move was retaliatory under Minn. Stat. §§ 327C.10,  327C.12, 504B.285 (formerly §  566.03), and 504B.441 (formerly §  566.28),  and was intended in whole or part  as a penalty:

				i.	G	for my good faith attempt on _____________ to secure or  enforce rights under a lease or contract, oral or written, under  the laws of the state or any of its governmental subdivisions,  or of the United States; or 
				ii.	G	for my good faith report on ______________ to a  governmental authority of the plaintiff's violation of a health,  safety, housing, or building code or ordinance.

	9.	G	Plaintiff is charging improper late fees or other fees.

a.	G	The lease does not provide for the fees.  Cook v. Finch, 19 Minn. 407,       , 19 Minn. (Gil.) 350, 358 (1873).
 			b.	G	The fees are penalties which bear no relationship to Plaintiff's expenses.  See Gorco Const. Co. v. Stein, 256 Minn. 476, 481-82, 99 N.W.2d 69, 74 (1959); or are usurious.  Minn. Stat. §§ 334.01-334.03.
c.	G	Plaintiff waived the requirement of prompt rent payment by accepting late payments without objection.  See Cobb v. Midwest Recovery Bureau Co., 295 N.W. 2d 232, 237 (Minn 1980) (repossession).
d.	G	No late fee is due because I had a proper reason to withhold my rent.
			e.	G	The fees are improper.  Minn. Stat. §§ 327C.03, 327C.10.
	
	10.	G	Plaintiff waived the rent claim or is estopped from claiming it by: 

a.	G	Accepting a partial payment of rent before or after filing this case. We did not agree in writing that the payment would not waive this case.  Minn. Stat. § 504B.291 (formerly § 504.02).
b.	G	Accepting rent for later months.  Id.

	11.	G	Plaintiff unlawfully allowed unlawful activity (illegal drugs, prostitution related activity, or unlawful use or possession of certain firearms) on the property by:                                                                                                                                                                                                                                                                                                                                              .  I request that the court reduce my past rent, beginning in                , 19     , and reduce future rent until Plaintiff stops unlawful activity on the property.  Minn. Stat. § 504B.171 (formerly §  504.181).

	12.	G	Other.                                                                                                                                                                                                                                                                                                                                                                                                   .

G.	BREACH OF LEASE CASES

	1.	G	Proper notice was required before filing this action.  Minn. Stat. § 327C.09. See Holding Over Cases Defenses, Section E, supra.

	2.	G	Plaintiff alleges breaches of the lease.  Plaintiff did not attach a copy of the lease to the complaint.  Plaintiff must provide a copy of the lease to me at the hearing.  Minn. Gen. R. Prac. 604(d).

	3.	G	Plaintiff alleges that I violated the lease or park rules.  I did not do this.

	4.	G	Plaintiff alleges that I violated a mobile home law.  I did not do this.

	5.	G	Plaintiff alleges nonpayment of rent and lease violations. I did not commit a material violation of the lease. Minn. Stat. § 504B.285 (formerly § 566.03). 

	6.	G	Plaintiff filed an expedited case, and alleges that I am involved with illegal drugs, prostitution related activities, unlawful firearm possession, or nuisance or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property.  I did not do this.  Minn. Stat. § 504B.321 (formerly §  566.05).

	7.	G	Plaintiff did not give me a copy of the lease before filing this case. This case does not involve disturbing the peace, malicious destruction of property, or illegal drugs. Minn. Stat. § 504B.115 (formerly § 504.015).

	8.	G	The lease does not contain a "right of reentry" clause.  Bauer v. Knoble, 51 Minn. 358, 359, 53 N.W. 805, 805 (1892).

	9.	G	Plaintiff waived lease provisions by failing to enforce them or is estopped from enforcing them.  Mitchell v. Rende, 225 Minn. 145, 30 N.W.2d 27 (1947).

	10.	G	Plaintiff waived the alleged breaches or is estopped from enforcing them by accepting rent with knowledge of the breach.  Kenny v. Seu Si Lun, 101 Minn. 253, 256-58, 112 N.W. 220, 221-22 (1907).

	11.	G	Plaintiff is discriminating  against  me  as  a  member  of  a  protected  class.  42 U.S.C. § 3605;  Minn. Stat. § 363.03.

	12.	G	I have a disability.  Plaintiff did not reasonably accommodate my disability.  42 U.S.C. § 3604(f)(3); 24 C.F.R. Part 100; Dominium Management Services, Inc. v. C.L., No. A03-85, 2003 WL 22890386 (Minn. Ct. App. Dec. 9, 2003) (unpublished).  

	13.	G	The lease term is unreasonable.  Minn. Stat. § 327C.10.

	14.	G	 The lease provision is a substantial modification of the lease in effect when I moved in.  Minn. Stat. § 327C.02, subd. 2.

	15.	G	Plaintiff alleges that I unlawfully allowed unlawful activity (illegal drugs, prostitution related activity, or unlawful use or possession of certain firearms) on the property.  Minn. Stat. § 504B.171 (formerly § 504.181).

			a.	G	There was no unlawful activity on the property.
b.	G	I did not know or have reason to know that there was unlawful activity on the property.
c.	G	I could not prevent the illegal drugs from being brought on the property. Minn. Stat. § 609.5317, subd. 3.

	16.	G	Plaintiff is penalizing me for calling for police or emergency assistance in response to domestic abuse or any other conduct.  Minn. Stat. § 504B.205 (formerly § 504.215).

	17.	G	Forfeiting my home would be a great injustice, since Plaintiff's rights are adequately protected.  Naftalin v. John Wood Co., 263 Minn. 135, 147, 116 N.W.2d 91, 100 (1962); Warren v. Driscoll, 186 Minn. 1, 5, 242 N.W.2d 346, 347 (1932).

	18.	G	Other.                                                                                                                                                                                                                                                                                                                                                                                                   . 

H.	REQUEST FOR RELIEF

	1.	G	Deny Plaintiff's request to evict me.

	2.	G	Plaintiff improperly filed an expedited case.  Dismiss this case and fine Plaintiff $500.  Minn. Stat. § 504B.321 (formerly § 566.05).

	3.	G	Abate (reduce) the rent claimed by Plaintiff, and abate (reduce) the future rent until Plaintiff completes repairs.  Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973);  Minn. Stat. § 504B.161 (formerly § 504.18).

	4.	G	Abate (reduce) the rent claimed by Plaintiff, and abate (reduce) the future rent until Plaintiff stops unlawful activity on the property.  See Minn. Stat. § 504B.171 (formerly § 504.181).

	5.	G	Order Plaintiff to provide for the following discovery: allow me to review Plaintiff's file on me, give me a list of Plaintiff's witness and the subject of their testimony, and give me a copy of Plaintiff's exhibits.  Minn. Gen. R. Prac. 612.

	6.	G	Plaintiff is a business which did not register its trade name with the Secretary of State.  Continue the hearing to allow Plaintiff to register its trade name, and award me $250.00 in costs or by setoff.  Minn. Stat. § 333.001-333.06.

	7.	G	Continue the hearing for the following reasons:                                                 .

	8.	G	If I owe rent:

a.	G	Plaintiff alleged nonpayment of rent and holding over after notice. Allow me to pay the rent and keep my home.  Minn. Stat. § 504B.291 (formerly § 504.02).
b.	G	Plaintiff alleged nonpayment of rent and material lease violations. If I did not commit a material lease violation but I owe rent, give me 7 days to pay. Minn. Stat. § 504B.285 (formerly § 566.03).
c.	G	Give me                 days to pay it.  614 Co. v. D.H. Overmayer, 297 Minn. 395, 398, 211 N.W.2d 891, 893 (1973). (affirmed 30 day extension to pay rent).
d.	G	I have paid or can pay the rent due at the hearing.  If I owe additional costs, give me                 days to pay them.  Minn. Stat. § 504B.291 (formerly § 504.02).

	9.	G	Under the Servicemembers Civil Relief Act, stay of the action for 90 days, unless equity requires a shorter or longer stay, or adust the obligations under the lease to preserve the interests of all parties.  50 App. U.S.C.A §§ 501-594.  

	10.	G	If I lose, give me seven days to move.  Minn. Stat. § 504B.345 (formerly § 566.09).  I did not cause a nuisance, or seriously endanger other tenants, their property, or the landlord's property.  If I have to move in less than 7 days, it would be a substantial hardship to my family and me.

	11.	G	If I lose, give me 60 days to try to sell my mobile home.  Minn. Stat. § 327C.11, subd. 4.

	12.	G	Do not award costs to Plaintiff.

	13.	G	Award mandatory costs to me of $200 if I prevail. Minn. Stat. § 549.02.

	14.	G	Expunge or seal this court file.  Plaintiff's case is sufficiently without basis in fact or law, which may include lack of jurisdiction over the case.  Expungement is clearly in the interests of justice and those interests are not outweighed by the public's interest in knowing about the record. Minn. Stat. § 484.014; State v. C.A., 304 N.W.2d 353 (Minn. 1981).

	15.	G	Other.                                                                                                                                                                                                                                                                                                                                                                                                   . 

Defendant(s) acknowledges the following.  Defendant(s) believes that the information contained in this document is well grounded in fact and is warranted by law.  Defendant(s) is not a frivolous litigant.  Defendant(s) is not serving or filing this document for an improper purpose.  Defendant(s) understand that if Defendant(s) mislead the court or if Defendant(s) serve or file this document for an improper purpose, the court can order Defendant(s) to pay money to the other party, including the reasonable expenses incurred by the other party because of the serving or filing of this document, court costs, and reasonable attorney fees.

____________________________________
Date

____________________________________
Tenant/Tenant’s Attorney or Agent

OPTIONAL VERIFICATION:

Subscribed and sworn to before me
on __________________________

      Notary Public

LASM No. A-2 (Mar. 2008)		Mobile/Manufactured Home Park Lot