FRITZ v. WARTHEN

Nos. 43675, 43781.

213 N.W.2d 339 (1973)

Wallace FRITZ et al., Respondents, v. Mr. and Mrs. Robert E. WARTHEN et al., and Robert Steele, et al., Appellants.

Supreme Court of Minnesota.

November 30, 1973.


Attorney(s) appearing for the Case

Richard A. Kaplan, Michael A. Wolff, William H. Crowder, and Roger S. Haydock, St. Paul, for appellants.

Katz, Taube, Lange & Frommelt, James M. Rosenbaum, Stanley M. Taube, and A. L. Janes, Jr., Minneapolis, for respondents.

Robert A. Stein and Franklin J. Knoll, Minneapolis, for Urban Coalition of Minneapolis, amicus curiae.

Heard and considered en banc.


KELLY, Justice.

These appeals were taken from two orders of the municipal court of St. Paul for issuance of writs of restitution in actions for unlawfully detaining apartment premises after nonpayment of rent. The appeals have been consolidated for determination in this court. In pretrial rulings, the municipal court had held that the untenantability of residential premises cannot be asserted as a defense to an unlawful detainer action. We reverse.

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