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OAK GLEN OF EDINA v. BREWINGTON

No. C8-01-1296.

642 N.W.2d 481 (2002)

OAK GLEN OF EDINA, Respondent, v. Tracey BREWINGTON, Appellant.

Court of Appeals of Minnesota.

April 23, 2002.

Attorney(s) appearing for the Case

Michael T. Kallas, Anne D. Byrne, Kallas & Macdonald LTD, Edina, for respondent.

Sherry A. Bruckner, Paul R. Birnberg, HOME Line, Minneapolis, for appellant.

Considered and decided by TOUSSAINT, Presiding Judge, LANSING, Judge, and PORITSKY, Judge.

OPINION

LANSING, Judge.

The district court issued an order for the restitution of premises rented under a Section 8 lease, based on the tenant's repeated failure to pay rent timely. Because the landlord failed to demonstrate the other preconditions necessary for eviction based on repeated minor violations and continued to accept rent payments for six months after the last late rent payment, the landlord failed to establish the material noncompliance necessary...

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