Retaliatory Eviction
Minn. Stat. 504B.441 — within 90 days of a complaint, the landlord has to prove it was not a penalty
90 days. A Minnesota tenant may not be evicted, and the lease obligations may not be raised or services cut, as a penalty for the tenant's or a housing-related neighborhood organization's complaint of a violation. Within 90 days after the complaint, the landlord carries the burden of proving otherwise, unless the court finds the complaint was not made in good faith. After 90 days the burden is on the tenant.
It is a defense to an eviction after a notice to quit that the termination was meant, in whole or part, as a penalty for the tenant's good faith attempt to enforce rights under a lease or the law, or for a good faith report of a code violation. If the notice was served within 90 days of that act, the landlord has to prove it was not retaliatory.
In a nonpayment case, a rent increase or service cut imposed as that kind of penalty is a defense, if the tenant tenders the rent due under the original obligation. The landlord may still end a tenancy for a violation of a lawful, material lease provision.
Sources for this section (2)
- Minn. Stat. 504B.441 — Residential tenant may not be penalized for complaint
- Minn. Stat. 504B.285 — Eviction actions; grounds; retaliation defense
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.