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Minnesota Supreme Court - 247 N.W.2d 904, 303 Minn. 247, 226 N.W.2d 904
Tags: Property, Landlord, Tenant, Wrongful eviction
tl;dr:
The only way that a landlord can evict a tenant who has neither abandoned nor surrendered possession of the property is by using the judicial process.Video Summary
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The plaintiffs filed an unlawful detainer action to regain possession of a leased property from the defendant. The lower court ruled in favor of the plaintiffs, but the defendants appealed. The appellate court reversed the decision. The plaintiff requested an extension of the lease, which was denied due to remodeling without prior written approval. The plaintiff closed the restaurant allegedly to complete the remodeling, but the defendants alleged that the plaintiff closed the business to vacate the premises and vandalized the interior of the building. The defendant changed the locks on the premises and leased it to another party. The plaintiff filed a lawsuit seeking damages for wrongful eviction, interference with business, defamation, and other tortious acts. The plaintiff also brought an action in municipal court seeking restitution of possession under Minn. St. c. 566, which the plaintiff won. The defendants appealed, and the issue presented is whether a tenant can bring an unlawful detainer action under Minn. St. c. 566 against the landlord. The plaintiff argues that the language of Minn. St. 566.02 includes tenants, while the defendants rely on Minn. St. 566.03, subd. I, which specifies the classes of plaintiffs who may sue for possession in an unlawful detainer action. The lower court erred in ruling in favor of the plaintiffs.
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