Paul J. Koski, Respondent,
Sharon A. Johnson, Appellant
Hennepin County District Court File No. 27-CV-HC-12-6164
David H. Schultz, David Henry Schultz, P.A., Carver, Minnesota (for respondent).
Sharon A. Johnson, Lakeville, Minnesota (pro se appellant).
Considered and decided by Halbrooks, Presiding Judge; Schellhas, Judge; and Hooten, Judge.
Minnesota Statutes section 504B.331 (2012) requires strict compliance, not merely substantial compliance.
Appellant-tenant challenges the district court's order granting respondent-landlord a writ of recovery of the premises. Appellant-tenant argues that (1) service of the summons was inadequate under Minn. Stat. § 504B.331; (2) respondent-landlord waived his termination notice by accepting rent payments from appellant-tenant; and (3) respondent-landlord's termination of the tenancy was retaliatory under Minn. Stat. § 504B.285, subd. 2(1) (2012). We reverse because service of the summons was inadequate due to respondent-landlord's failure to strictly comply with Minn. Stat. § 504B.331. We therefore do not reach appellant-tenant's other arguments.
In January 1996, respondent-landlord Paul Koski began leasing property at 16400 Valley Road, Eden Prairie (the premises), to appellant-tenant Sharon Johnson. As to the eviction proceedings in this case, Koski and Johnson had an oral month-to-month lease agreement.
On June 8, 2012, Koski left copies of a "NOTICE TO TERMINATE TENANCY" on the premises on Johnson's bed, computer monitor, and chair, stating:
Notice is hereby given that you are required to move from and deliver up possession of the . . . premises no later than August 1, 2012.
This notice is intended for the purpose of terminating the Lease/Rental Agreement by which you now hold possession of the . . . premises, and should you fail to comply, legal proceedings will be instituted against you to recover possession, to declare said Rental Agreement forfeited, ...