Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Koski v. Johnson

Court of Appeals of Minnesota

September 23, 2013

Paul J. Koski, Respondent,
v.
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.

SYLLABUS

Minnesota Statutes section 504B.331 (2012) requires strict compliance, not merely substantial compliance.[1]

OPINION

SCHELLHAS, Judge

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.

FACTS

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, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.