Landlord/Tenant – Lock-Outs

Listen to this article

Appellant claimed that respondent agreed to rent an apartment to her but later prevented her from moving into the apartment and refused to return her payment of the security deposit and the first month’s rent. Appellant commenced this action to obtain possession of the apartment and to recover damages. The District Court dismissed appellant’s claim for possession of the apartment on the ground that she cannot satisfy the requirements of the statute on which her claim was based because she never occupied the apartment. The Court of Appeals held that a person may not pursue a claim to recover possession of residential rental property under section Minn. Stat. sec. 504B.375 if the person never has occupied the property. But it also concluded that the District Court erred by not resolving appellant’s claim for damages and by making a finding concerning the status of funds that had been deposited with the District Court administrator. Affirmed in part, reversed in part, and remanded.

A14-1876 Cocchiarella v. Driggs (Hennepin County)

Click for full text