Minn. Stat. § 504B.355

Bjorklund v. Bjorklund Trucking, Inc. · 2008 1 citation

+ 1 more citation in this opinion.

Chancellor Manor v. Thibodeaux · 2001 1 citation

In general in an unlawful detainer case, if the district court rules in favor of the landlord, the findings may be in the statutory language provided by Minn. Stat. § 504B.355 (2000): the court finds that “the facts alleged in the complaint are true, and the plaintiff shall recover possession of the premises and the defendant(s) shall vacate the premises immediately.” But there is an exception in cases involving HUD-subsidized housing. HUD regulations are part of the lease. These regulations govern, among other things, the grounds upon which the landlord can terminate the lease. The provision that applies to the present case, found in paragraph 27(b) of the lease and quoted above, allows the landlord to terminate only upon “the tenant’s material noncompliance with the terms” of the lease. (Emphasis added.) Although the regulations do not equate material noncompliance with fraud, the regulations state that in cases where a tenant fails to disclose changes in income or household residents, to be a material noncompliance the failure must have been fraudulent. See HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs, § 5-19.