Minnesota Statutes

Minn. Stat. § 504B.441 (2026)

Residential Tenant May Not Be Penalized For Complaint

✓ current as of May 2026
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A residential tenant may not be evicted, nor may the residential tenant's obligations under a lease be increased or the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the residential tenant's or housing-related neighborhood organization's complaint of a violation. The burden of proving otherwise is on the landlord if the eviction or increase of obligations or decrease of services occurs within 90 days after filing the complaint, unless the court finds that the complaint was not made in good faith. After 90 days the burden of proof is on the residential tenant.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2015–2025 · leading case: Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019).
Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019). · cites it 129× “We conclude that, in this case, the retaliation defense is not available under the relevant statute, Minn. Stat. § 504B.441 (2018). But we also conclude that the common law should recognize a defense when a landlord retaliates against a tenant for making a good-faith complaint…”
Cent. Hous. Assocs., LP v. Olson, 910 N.W.2d 485 (Minn. Ct. App. 2018). · cites it 22× “" Minn. Stat. § 504B.441 (2016). "Violation" is defined as (1) a violation of any state, county or city health, safety, housing, building, fire prevention, or housing maintenance code applicable to the building; (2) a violation of any of the covenants set forth in section 504B.”
TE Miller Dev. LLC v. Corey Devante Jones, John Doe, No. a250251 (Minn. Ct. App. Nov. 3, 2025). · cites it 4× “, Minn. Stat. § 504B.441 (2024) (“A residential tenant may not be evicted .”
Arrow Southampton, LLC v. Jeremiah Akinnola, No. A15-731 (Minn. Ct. App. Feb. 1, 2016). · cites it 2× “3 This court considered the question in an unpublished decision in 2003 and determined that because the plaintiff had also alleged retaliatory action under Minn. Stat. § 504B.441, which is not predicated on a notice to quit, it was “unnecessary to determine whether a notice to…”
Paul Koski v. Sharon Johnson, No. A14-1836 (Minn. Ct. App. July 20, 2015). · cites it 2× “Harmon testified that the $900 per month Johnson was paying for rent is well below the $1,300 market rate he could otherwise get for the home. And Koski’s attorney indicated that Koski wanted to move back into the home.”
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