
Tenant Wins Eviction Trial
Hennepin County Housing Court denied an attempt to evict a Minneapolis office pro bono client. The landlord alleged that the police had been called a number of times in the past year to the apartment building where our client lived. At the pre-trial hearing we pointed out that the landlord had failed to allege any actual misconduct by our client, despite the assistance of competent counsel. The referee gave the complaint a very generous interpretation and set the matter for trial. This rough start carried over to the judges' denial of our motion in limine to exclude evidence of alleged breaches occurring before plaintiff accepted rent from our client. The landlord subpoenaed five police officers, three of whom actually appeared. The officer's testimony was largely excluded as hearsay, though it was established that our client knew someone who was once arrested for something. Another officer testified that our client admitted to smoking marijuana in his apartment, which was at odds with her police report. On cross examination she was forced to admit that our client did not admit to smoking marijuana in his apartment. We moved for judgment at the close of plaintiff's case and prevailed. Our client did owe several months of rent and fees, but we managed to negotiate as favorable a payment as could have been hoped for.