Cited by
Opinions in Minnesota that cite Parkin v. Fitzgerald, 240 N.W.2d 828.
-
A25-1854 A25-1856
Minn. Ct. App. 2026
is consistent with Parkin v. Fitzgerald , which explained that “[a] nonretaliatory reason is a reason wholly unrelated to and unmotivated by any good -faith activity on the part of the tenant protected by the statute,” such as “nonpayment of rent, other material breach of covenant, continuing damage to premises by tenants, or removal of housing unit from market for a sound business reason.” d 828, 832- 33 (Minn. 1976).
-
Pedcor Management Corp, Respondent,
Minn. Ct. App. 2026
Second, the district court 2 which they allege is “binding precedent.” Appellants contend that Parkin “holds that a notice demanding an inaccurate or inflated amount of rent is legally defective and defeats the court’s jurisdiction.” Parkin actually held, under a different statute, that “if a notice to quit was served within 90
- TE Miller Development LLC v. Corey Devante Jones, John Doe Minn. Ct. App. 2025
-
TE Miller Development LLC v. Corey Devante Jones, John Doe
Minn. Ct. App. 2025
(“A nonretaliatory reason is a reason wholly unrelated to and unmotivated by any good- faith activity on the part of the tenant protected by the statute (e.g., nonpayment of rent .
- Hook & Ladder Apartments, L.P., Respondent, vs. Nichole Nalewaja, Appellant, John Doe, et. al., Defendants Minn. 2025
-
Hook & Ladder Apartments, L.P., Respondent, vs. Nichole Nalewaja, Appellant, John Doe, et. al., Defendants
Minn. 2025
See, (concluding that an eviction action was retaliatory and noting that any breach by the tenant was waived because the landlord continued to accept rent for five months).
-
Matthew Davies, Respondent,
Minn. Ct. App. 2024
(stating purpose of retaliatory- eviction statute is to provide “the tenant with substantial weapons in his day-to-day struggle for decent-quality housing”).
- Juan Cuate v. Pedro Cuate-Dominguez Minn. Ct. App. 2024
-
Juan Cuate v. Pedro Cuate-Dominguez
Minn. Ct. App. 2024
v. Schwabe, (recognizing an implicit finding that a housing authority’s unlawful detainer action did not constitute a retaliatory eviction in a district court’s determination that a tenant had violated the terms of her lease ()).
-
Daniel Hill, Respondent,
Minn. Ct. App. 2020
“A landlord must establish by a fair pre ponderance of the evidence a substantial nonretaliatory reason for the ev iction, arising at or within a reasonably short time before service of the notice to quit.”
- Little Earth of United Tribes Housing Corp., Appellant, Minn. Ct. App. 2019
- Timberland Partners, Inc., Respondent, Minn. Ct. App. 2019
-
Nationwide Housing Corporation, Respondent,
Minn. Ct. App. 2018
See Parkin v. Fitzgerald, 307 Minn. 423, 425 –26, –31 (1976).
- Arrow Southampton, LLC v. Jeremiah Akinnola Minn. Ct. App. 2016
-
Arrow Southampton, LLC v. Jeremiah Akinnola
Minn. Ct. App. 2016
The purpose of the retaliatory-eviction defense is to give effect to the “substantial weapons” the law provides for the “day-to-day struggle for decent-quality housing.” Parkin v. Fitzgerald, 307 Minn. 423, 427
- Paul Koski v. Sharon Johnson Minn. Ct. App. 2015
-
Paul Koski v. Sharon Johnson
Minn. Ct. App. 2015
See Parkin v. Fitzgerald, 307 Minn. 423, 425
- Andrew Ellis v. Danielle Thompson, Abdul R. Johnson Minn. Ct. App. 2015
-
Andrew Ellis v. Danielle Thompson, Abdul R. Johnson
Minn. Ct. App. 2015
Fritz v. Warthen, 298 Minn. 54, 59, see also Parkin v. Fitzgerald, 307 Minn. 423, 427- 5 28, (stating that a landlord’s breach of the implied statutory covenant of habitability may justify the tenant’s withholding rent); (stating that breach of covenants of habitabili
- Cloverdale Foods of Minnesota, Inc. v. Snacks 580 N.W.2d 46 Minn. Ct. App. 1998
-
Cloverdale Foods of Minnesota, Inc. v. Snacks
580 N.W.2d 46
Minn. Ct. App. 1998
See Parkin v. Fitzgerald, 307 Minn. 423, 427 , (purpose of retaliatory eviction defense is to provide “the tenant with substantial weapons in his day-to-day struggle for decent-quality housing”).
- Westminster Corp. v. Anderson 536 N.W.2d 340 Minn. Ct. App. 1995
-
Westminster Corp. v. Anderson
536 N.W.2d 340
Minn. Ct. App. 1995
Parkin v. Fitzgerald, 307 Minn. 423, 431
- Federal Land Bank of Saint Paul v. Obermoller 429 N.W.2d 251 Minn. Ct. App. 1988
-
Federal Land Bank of Saint Paul v. Obermoller
429 N.W.2d 251
Minn. Ct. App. 1988
(the appellant leased an apartment from the respondents); Parkin v. Fitzgerald, 307 Minn. 423 , (tenants and landlords entered into an oral lease creating a month-to-month tenancy in a house); Olson v. Bowen, 291 Minn. 546 , (the plaintiff-owners of a mobile home park leased a trailer site to the defendants on an oral month-to-month basis).
- Priordale Mall Investors v. Farrington 411 N.W.2d 582 Minn. Ct. App. 1987
-
Priordale Mall Investors v. Farrington
411 N.W.2d 582
Minn. Ct. App. 1987
Parkin v. Fitzgerald, 307 Minn. 423, 431 , Thomas Peebles & Co. v. Sherman, 148 Minn. 282, 283 , 181 N.W.
- White Earth Housing Authority v. Schwabe 375 N.W.2d 568 Minn. Ct. App. 1985
-
White Earth Housing Authority v. Schwabe
375 N.W.2d 568
Minn. Ct. App. 1985
See Parkin v. Fitzgerald, 307 Minn. 423
- Barnes v. Weis Management Co. 347 N.W.2d 519 Minn. Ct. App. 1984
-
Barnes v. Weis Management Co.
347 N.W.2d 519
Minn. Ct. App. 1984
Parkin v. Fitzgerald, 307 Minn. 423, 427-28