Minnesota Tenant Answer to Eviction Complaint

TENANT ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND DEMAND FOR JURY TRIAL

Table of Contents

1. Caption
2. Introduction
3. Admissions and Denials of Complaint Allegations

4. Affirmative Defenses
   4.1 Defective Pre-Filing Notice (§ 504B.321, subd. 1a / 5)
   4.2 Payment / Tender / Redemption (§ 504B.291)
   4.3 Breach of Warranty of Habitability (§ 504B.161)
   4.4 Retaliation (§ 504B.285, subd. 2)
   4.5 Discrimination (MHRA / Fair Housing Act)
   4.6 Domestic Violence Protection (§ 504B.206 / VAWA)
   4.7 Defective Termination Notice
   4.8 Waiver / Estoppel / Selective Enforcement
   4.9 Local Just-Cause Ordinance Violation (Mpls / St. Paul)
   4.10 Lack of Standing / Improper Plaintiff
   4.11 Subsidy-Program Procedural Violations
   4.12 Unclean Hands / Bad Faith

5. Counterclaims (Defensive Setoff)
   5.1 Rent Abatement for Habitability Breach
   5.2 Security Deposit (§ 504B.178)
   5.3 Unlawful Exclusion / Self-Help (§ 504B.231)
   5.4 Privacy Violations (§ 504B.211)

6. Demand for Jury Trial

7. Request for Expungement
8. Prayer for Relief
9. Verification
10. Signature and Service Blocks
11. Tenant Defense Checklist
12. Sources and References

1. Caption

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF [____________________]
[____________] JUDICIAL DISTRICT
HOUSING COURT DIVISION (if applicable)

Court File No.: [________________________________]
Case Type: Eviction (Unlawful Detainer)

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND DEMAND FOR JURY TRIAL

2. Introduction

Defendant [TENANT NAME] ("Tenant"), ☐ pro se / ☐ by and through undersigned counsel, answers the eviction Complaint of Plaintiff [LANDLORD NAME] ("Landlord") and states the following:

3. Admissions and Denials of Complaint Allegations

3.1 As to Complaint paragraph 3.1 (parties / Plaintiff): ☐ Admitted ☐ Denied ☐ Without sufficient information to admit or deny, therefore denied.

3.2 As to Complaint paragraph 3.2-3.4 (Defendants): ☐ Admitted as to identity; ☐ denied as to allegations of date of birth / occupancy / etc.

3.3 As to Complaint paragraphs 4.1-4.3 (jurisdiction and venue): ☐ Admitted ☐ Denied.

3.4 As to Complaint paragraph 5.3 (Lease): ☐ Admitted that a lease exists; ☐ denied that the document attached as Exhibit A is the current operative lease (state reason: [_______]).

3.5 As to Complaint paragraph 5.4 (lease terms): ☐ Admitted ☐ Denied. The Tenant disputes the following terms: [_______].

3.6 As to Complaint paragraph 7.1 (14-day notice compliance for nonpayment): DENIED. Tenant denies (a) timely service, (b) inclusion of statutorily required disclosure language, and/or (c) accuracy of the amount demanded. See Affirmative Defense 4.1.

3.7 As to Complaint paragraph 7.2 (holdover notice): DENIED. Tenant denies that the notice satisfied Minn. Stat. § 504B.135 (full rental period requirement / 12-month no-fault bar / local just-cause). See Affirmative Defense 4.7.

3.8 As to Complaint Count I (nonpayment): DENIED in whole or in part. Tenant has paid all amounts due, OR rent is properly withheld due to landlord's habitability breach (see Affirmative Defense 4.3 and Counterclaim 5.1), OR the alleged amount is incorrect.

3.9 As to Complaint Count II (breach of lease): DENIED. The conduct alleged did not occur, did not constitute a breach, was authorized, was waived, or has been cured.

3.10 As to Complaint Count III (holdover): DENIED. The notice of termination was defective (see Affirmative Defense 4.7).

3.11 As to Complaint Count IV (illegal activity): DENIED. The alleged conduct did not occur, was not by Tenant or Tenant's invitee, or did not constitute a violation of Minn. Stat. § 504B.171.

3.12 As to all Complaint allegations of damages and costs: ☐ Denied; specifically denied that Plaintiff is entitled to costs in excess of statutory amounts.

3.13 Any allegation not specifically admitted is DENIED.

4. Affirmative Defenses

4.1 Defective Pre-Filing Notice (Minn. Stat. § 504B.321, subd. 1a / subd. 5)

The Complaint must be dismissed and expunged under Minn. Stat. § 504B.321, subd. 5, because Plaintiff failed to comply with subd. 1a in one or more of the following ways (check all applicable):

☐ No 14-day Notice to Pay Rent or Quit was served.
☐ The notice was served fewer than 14 full days before the eviction was filed.
☐ The notice did not contain the verbatim statutory disclosure ("Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days.").
☐ The notice was not delivered personally or by first-class mail to the leased premises.
☐ The amount demanded in the notice exceeded the amount actually owed.
☐ Plaintiff did not plead compliance with subd. 1a in the Complaint.
☐ Plaintiff did not attach a copy of the notice / certificate of service.
☐ A longer local-ordinance notice period (e.g., Minneapolis Code ch. 244) applied and was not honored.

4.2 Payment, Tender, and Redemption (Minn. Stat. § 504B.291)

Tenant has paid, tendered, or stands ready to redeem under § 504B.291, subd. 1:

☐ Tenant has paid all amounts demanded; payments not credited (see Counterclaim 5.1 / attached receipts).
☐ Tenant tendered full payment before suit was filed; Plaintiff refused.
☐ Tenant invokes the right of redemption and will pay arrears + statutory interest + costs + $5 attorney's fee before writ executes.
☐ Tenant has the rebuttable presumption of payment under § 504B.291, subd. 1(b) by money order copies / receipt stubs (attached as Exhibit [___]).

4.3 Breach of Warranty of Habitability (Minn. Stat. § 504B.161)

Plaintiff materially breached the non-waivable covenants of § 504B.161 in the following respects:

☐ Premises and common areas not fit for use intended (subd. 1(a)(1)).
☐ Failure to keep premises and common areas in reasonable repair (subd. 1(a)(2)) — including but not limited to: [_______].
☐ Failure to maintain compliance with applicable health and safety laws (subd. 1(a)(4)) — code violations: [_______].
☐ Failure to supply heat at minimum 68°F from October 1 to April 30 (subd. 1(a)(5)).
☐ Failure to maintain energy efficiency / weatherization (subd. 1(a)(3)).
☐ Pest infestation not addressed (subd. 1(a)(2) — pests).

Tenant gave landlord written notice of these defects on [__/__/____] (Exhibit [___]). Landlord failed to repair within a reasonable time. Tenant ☐ filed an Emergency Tenant Remedies Action (§ 504B.381) / ☐ filed a Rent Escrow Action (§ 504B.385) / ☐ properly withheld rent / ☐ paid for repair and offset.

The fair rental value of the Premises during the period of breach is reduced and Tenant claims rent abatement (Counterclaim 5.1).

4.4 Retaliation (Minn. Stat. § 504B.285, subd. 2)

The eviction is retaliatory and barred by § 504B.285, subd. 2. Within the 90 days preceding the notice / filing, Tenant engaged in the following protected conduct:

☐ Reported violations of health, safety, or housing codes to a government agency on [__/__/____].
☐ Sought enforcement of a tenant right (e.g., demanded repairs, demanded security-deposit return).
☐ Joined or organized a tenant union / association.
☐ Filed an Emergency Tenant Remedies Action / Rent Escrow Action.
☐ Filed a complaint with the Minnesota Department of Human Rights, HUD, or the Minnesota Attorney General.
☐ Other: [_______]

Because the protected conduct occurred within 90 days before the notice, Plaintiff bears the burden to prove the eviction is not retaliatory.

4.5 Discrimination (Minnesota Human Rights Act / Fair Housing Act)

The eviction discriminates against Tenant on the basis of a protected status under the Minnesota Human Rights Act (Minn. Stat. § 363A.09) and/or the federal Fair Housing Act (42 U.S.C. § 3604):

☐ Race / color / national origin.
☐ Religion / creed.
☐ Sex / gender / sexual orientation / gender identity (MHRA expanded coverage).
☐ Familial status (presence of children).
☐ Disability — including failure to provide reasonable accommodation (e.g., assistance animal, parking, modification).
☐ Marital status.
☐ Status with regard to public assistance / source of income (Section 8 voucher).
☐ Age.

Tenant has filed / intends to file complaints with the MN Dept. of Human Rights and HUD.

4.6 Domestic Violence Protection (§ 504B.206 / VAWA)

Tenant is a victim of domestic violence, sexual assault, or stalking and the eviction is barred by:

☐ Minn. Stat. § 504B.206 (state DV protections).
☐ Violence Against Women Act (VAWA), 34 U.S.C. § 12491 (federally subsidized housing).

The eviction is based wholly or partially on the abuse / abuser's conduct.

4.7 Defective Termination Notice

The Notice of Termination of Tenancy was defective:

☐ Did not provide one full rental period of notice (Minn. Stat. § 504B.135).
☐ Improperly served (not personally delivered, not mailed to correct address).
☐ Issued during the initial 12 months of tenancy in violation of HF 1655 restrictions on no-fault termination.
☐ Failed to honor longer notice required by Minneapolis Code ch. 244 / St. Paul Legislative Code ch. 193A.
☐ Issued under federal subsidy program without required good cause / federal notice forms.

4.8 Waiver / Estoppel / Selective Enforcement

Plaintiff has waived the right to enforce the lease provision asserted as breach by:

☐ Long-tolerated knowledge of the conduct without objection.
☐ Acceptance of rent after knowing of the alleged breach (waiver by acceptance).
☐ Selective enforcement against this Tenant while permitting same conduct by other tenants.
☐ Course of dealing inconsistent with strict enforcement.

4.9 Local Just-Cause Ordinance Violation

The eviction violates local tenant protections:

☐ Minneapolis Code of Ordinances ch. 244 (Renter Eviction Protections Ordinance) — Plaintiff failed to assert/prove a permitted just cause; failed to provide required disclosures; failed to follow the pre-filing process.
☐ St. Paul Legislative Code ch. 193A (as amended by HF 4012 of 2024) — applicable tenant protections not honored.

4.10 Lack of Standing / Improper Plaintiff

☐ Plaintiff is not the owner of record, properly titled lessor, or authorized agent.
☐ Plaintiff has not registered the rental as required by local ordinance (e.g., Minneapolis rental license).
☐ Property is in foreclosure / receivership and Plaintiff lacks possessory authority.

4.11 Subsidy-Program Procedural Violations

For tenancies under federal/state subsidy:

☐ Section 8 (24 C.F.R. § 982.310) — Plaintiff failed to establish good cause; failed to provide HUD-required notice; failed to send copy to PHA.
☐ Project-based Section 8 (24 C.F.R. § 247.4) — defective notice of termination (must state specific grounds, give 30 days, advise of right to respond).
☐ Public Housing (24 C.F.R. pt. 966) — failed to follow grievance procedure.
☐ LIHTC — failed to honor good-cause requirement.

4.12 Unclean Hands / Bad Faith

Plaintiff's claims are barred by unclean hands, including:

☐ Self-help eviction attempts (lockout, utility shutoff) — see Counterclaim 5.3.
☐ Filing eviction primarily to avoid security-deposit obligation.
☐ Filing eviction to coerce Tenant into withdrawing complaints.
☐ Misrepresentation of facts in the Complaint or supporting papers.

5. Counterclaims (Defensive Setoff)

5.1 Rent Abatement for Breach of Warranty of Habitability

Plaintiff's breach of § 504B.161 (described in Affirmative Defense 4.3) reduces the fair rental value of the Premises by [____]% during the period [__/__/____] to [__/__/____]. Tenant claims rent abatement of $[______], which fully or partially offsets any rent claimed in the Complaint.

5.2 Security Deposit (Minn. Stat. § 504B.178)

If Plaintiff has wrongfully withheld Tenant's security deposit of $[______]:

☐ Statutory return amount with 1% per annum interest: $[______]
☐ Punitive damages up to $500 for bad-faith retention: $[______]
☐ Costs and attorney's fees as permitted by statute.

5.3 Unlawful Exclusion / Self-Help (Minn. Stat. § 504B.231)

If Plaintiff has unlawfully excluded Tenant by:

☐ Changing locks without court order on [__/__/____].
☐ Shutting off utilities to force Tenant out.
☐ Removing Tenant's possessions.
☐ Other forcible/bad-faith exclusion.

Tenant claims treble actual damages OR $500, whichever is greater, plus reasonable attorney's fees, under § 504B.231.

5.4 Privacy Violations (Minn. Stat. § 504B.211)

Plaintiff entered the Premises without proper notice or consent on [__/__/____], in violation of § 504B.211. Tenant seeks statutory remedies including up to $100 civil penalty per violation and attorney's fees.

6. Demand for Jury Trial

Tenant DEMANDS TRIAL BY JURY on all triable issues of fact, pursuant to Minn. Const. art. I, § 4 and Minn. Stat. § 504B.335. Tenant ☐ tenders the required jury fee with this Answer / ☐ requests waiver of jury fee under Minn. Stat. § 563.01 (in forma pauperis) / ☐ will tender jury fee at first appearance.

7. Request for Expungement

Tenant requests that, regardless of outcome, the Court order:

7.1 Mandatory expungement under Minn. Stat. § 504B.345, subd. 11 if judgment goes for Tenant or the case is dismissed.

7.2 Discretionary expungement under Minn. Stat. § 484.014, subd. 2 and the Court's inherent authority if any judgment is entered against Tenant, on the grounds that:

☐ Tenant's interest in expungement outweighs the public's interest in maintaining records.
☐ The case was settled or resolved by Tenant's substantial compliance.
☐ The notice was defective (§ 504B.321, subd. 5).
☐ Eviction record will substantially impair Tenant's ability to obtain housing, employment, or credit.
☐ Other equitable grounds: [_______].

8. Prayer for Relief

WHEREFORE, Tenant respectfully requests this Court:

A. Dismiss the Complaint with prejudice.

B. Expunge the eviction record under Minn. Stat. § 504B.345 / § 484.014 / inherent judicial authority.

C. Enter judgment for Tenant on all counts.

D. Award rent abatement and damages on the counterclaims set forth in Section 5, as offset against any rent owed.

E. Award statutory damages, treble damages, and attorney's fees as permitted by § 504B.231, § 504B.178, § 504B.211, and other applicable statutes.

F. Order Plaintiff to return the security deposit with statutory interest and damages.

G. Find that any rent owed has been fully offset by Plaintiff's breaches and counterclaims.

H. Award Tenant costs and disbursements.

I. Grant such other and further relief as the Court deems just and equitable.

9. Verification

STATE OF MINNESOTA )
COUNTY OF [_________] ) ss.

I, [TENANT NAME], being first duly sworn upon oath, depose and state: I am the Defendant in this action; I have read the foregoing Answer, Affirmative Defenses, Counterclaims, and Demand for Jury Trial; the allegations are true to my knowledge, except as to matters stated on information and belief, and as to those, I believe them to be true.

10. Signature and Service Blocks

Dated: [__/__/____]

Respectfully submitted,

Certificate of Service: I certify that on [__/__/____] I served a true and correct copy of this Answer on Plaintiff's counsel by ☐ U.S. mail / ☐ email / ☐ personal delivery / ☐ e-service via MNCIS to:

[PLAINTIFF'S COUNSEL NAME, ADDRESS, EMAIL]

Signature: __________________________

11. Tenant Defense Checklist

12. Sources and References

• Minn. Stat. § 504B.135 — https://www.revisor.mn.gov/statutes/cite/504B.135
• Minn. Stat. § 504B.161 — https://www.revisor.mn.gov/statutes/cite/504B.161
• Minn. Stat. § 504B.171 — https://www.revisor.mn.gov/statutes/cite/504B.171
• Minn. Stat. § 504B.178 — https://www.revisor.mn.gov/statutes/cite/504B.178
• Minn. Stat. § 504B.206 — https://www.revisor.mn.gov/statutes/cite/504B.206
• Minn. Stat. § 504B.211 — https://www.revisor.mn.gov/statutes/cite/504B.211
• Minn. Stat. § 504B.231 — https://www.revisor.mn.gov/statutes/cite/504B.231
• Minn. Stat. § 504B.281 — https://www.revisor.mn.gov/statutes/cite/504B.281
• Minn. Stat. § 504B.285 — https://www.revisor.mn.gov/statutes/cite/504B.285
• Minn. Stat. § 504B.291 — https://www.revisor.mn.gov/statutes/cite/504B.291
• Minn. Stat. § 504B.321 — https://www.revisor.mn.gov/statutes/cite/504B.321
• Minn. Stat. § 504B.331 — https://www.revisor.mn.gov/statutes/cite/504B.331
• Minn. Stat. § 504B.335 — https://www.revisor.mn.gov/statutes/cite/504B.335
• Minn. Stat. § 504B.345 — https://www.revisor.mn.gov/statutes/cite/504B.345
• Minn. Stat. § 504B.381 (ETRA) — https://www.revisor.mn.gov/statutes/cite/504B.381
• Minn. Stat. § 504B.385 (Rent Escrow) — https://www.revisor.mn.gov/statutes/cite/504B.385
• Minn. Stat. § 363A.09 (MHRA) — https://www.revisor.mn.gov/statutes/cite/363A.09
• Minn. Stat. § 484.014 (expungement) — https://www.revisor.mn.gov/statutes/cite/484.014
• HF 1655 (2023) — https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1655&ssn=0&y=2023
• HF 2333 (2023) (eviction expungement) — https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF2333&ssn=0&y=2023
• HOME Line — https://homelinemn.org/
• Mid-Minnesota Legal Aid — https://mylegalaid.org/
• Minnesota Judicial Branch Housing Court — https://www.mncourts.gov/Help-Topics/Housing-Court.aspx
• Minnesota Attorney General Landlord-Tenant Handbook — https://www.ag.state.mn.us/Consumer/Handbooks/LT/

END OF ANSWER