On January 04, 2016 a
Order
was filed
for Eviction (UD)
in the District Court of Isanti County.
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District Court
State of Minnesota
10th Judicial District
Isanti County
FCourt File Number: 30vCV-16-1 J
Case Type Eviction (UD)
T Vo Dien vs Rodney Hughes, Jr., Rebecca
Action — Findings of Fact,
'
Burke-Manes Eviction
Conclusions of Law, Order and
Judgment (Minn. Stat. §504B.345)
This case was heard by the undersigned on
Date
PLAINTIFF:
[I Appeared in person. Represented by: El counsel [:1 agent
[:IAppeared through agent
gDid not appear and is in default. Name
DE .ENDANT:
“a Represented by: E} advocate E] counsel
ppeared in person.
1N
.
"" “'1 H V“
.
“l
‘
[:1 Did not appear and is in default. Name
4‘
Defendant has [:1 admitted [:l denied the allegations in the Eviction Action complaint:
Findings of Fact and Conclusions of Law
if” is; lV
l. [:1 Plaintiff has failed to prove the allegations in the complaint.
2. 1:] COMPLAINT: 5»:
g
e
_
Plaintiff proved the following allegations by a preponderance of the evidenceF-li‘” 42.: ‘
"
Compliance with Minn.
"
E] a. Stat.§ 504B.181.
I] b. Defendant has failed and refuses to pay rent for the month(s) of
in the amount of $ per month payable on
the day of each month for a total due of $ .
E] c. Notice to vacate was properly given and Defendant has failed to vacate said
property.
[I d. Defendant has broken the terms of the rental agreement and Defendant has failed
to vacate the property.
1:] e. Defendant defaulted on the mortgage and the property has been sold at a Sheriffs
sale. The Redemption period has expired and Plaintiff is entitled to possession.
E] f. Defendant defaulted on a contract deed and is holding over after proper
cancellation of the contract.
I] g. Other:
3. [:I DEFENSES:
Defendant(s) proved the following defenses by a preponderance of the evidence.
El 3. Improper service by
[I b. Violation of the covenants of habitability by
E] c. Improper notice because
MNClS-CIV-123 STATE HOU114
Findings of Fact, Conclusions of Law, Order and Judgment Rev 12/11Page 1 ofE
30~CV~16~1
Waiver of by
D
[:l (1.
e. Other:
4. [:l SETTLEMENT: No judgment to be entered at this time.
The parties have reached a settlement, which is approved and incorporated in this
Decision and Order.
El Settled through Mediation (See attached settlement agreement)
El Settled by the Litigants (See attached settlement agreement)
I] Settlement terms are as follows:
Order
1. E] The settlement is hereby approved as agreed upon.
2. E] JUDGMENT:
The Court Administrator shall enterjudgment for:
E] Plaintiff for recovery of the premises. The Writ of Recovery of Premises and
Order to Vacate shall be:
E] i. issued immediately upon request and payment of fee.
E) ii.stayed until
Date
I] Defendant to remain in possession of the premises.
E] Allowable costs and disbursements to the prevailing party.
3. wISMISSAL:
he case is dismissed E] WITH WITHOUT prejudice and the Court Administrator
shall enter Judgment accordingly. ’ -
4. E] REDEMPTION:
Defendant may redeem the premise (for nonpayment of rent) by paying to the Plaintiff
$ by . If not, a judgment and writ shall issue by default.
Date
5. I] RENT ABATEMENT:
Defendant has had diminished use and enjoyment of the premises. Rent is abated for the
months of by a total of $ ,
and is abated by $ per month until the first month following completion
of court ordered repairs.
6. 1:] RENT DISBURSEMENT:
The rent now on deposit with the Court shall be released as follows:
El $ to Plaintiff I: $ to Defendant.
MNClS-ClV-123 STATE llOUl l4
Findings of Fact, Conclusions of Law, Order and Judgment Rev 12/!
l Page 2of?
30-CV-16-1
7. [:1 HEARING:
This is scheduled for El court trialE] jury trial [:1 motion hearing on issues of
on ,at (a.m./p.m.)
at .
8. [j DISCOVERY:
The parties shall provide to each other by ,the following: a list of
witnesses, with phone numbers and addresses, and the subjects about which they will
testify, and copies of exhibits (documents, photographs, etc.) tobe introduced at trial,and
Parties must bring to trialthree (3) copies of all exhibits.
9. I] RENT INTO COURT:
Defendant shall pay into Court the rent of $ in cash or certified funds
payable to the Court Administrator, on or before (a.m.Ipm.) on
. , and all future rent by the day of each
month until further Order of the Court, or the Court will issue a Writ of Recovery of
Premises and Order to Vacate.
10. [I OTHER:
Recommended by:
Housing Court Referee Date J ge
Judgment
I hereby certify that the above Order constitutes the entry of Judgment of the Court.
Dated: Tracy Gullerud
Court Administrator
By:
Deputy
MNClS-ClV-123 STATE HOUl 14
Findings of Fact, Conclusions of Law, Order and Judgment Rev 12/11Page 3 of}?
Document Filed Date
January 15, 2016
Case Filing Date
January 04, 2016
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District Court State of Minnesota 10th Judicial District Isanti County FCourt File Number: 30vCV-16-1 J Case Type Eviction (UD) T Vo Dien vs Rodney Hughes, Jr., Rebecca Action — Findings of Fact, ' Burke-Manes Eviction Conclusions of Law, Order and Judgment (Minn. Stat. §504B.345) This case was heard by the undersigned on Date PLAINTIFF: [I Appeared in person. Represented by: El counsel [:1 agent [:IAppeared through agent gDid not appear and is in default. Name DE .ENDANT: “a Represented by: E} advocate E] counsel ppeared in person. 1N . "" “'1 H V“ . “l ‘ [:1 Did not appear and is in default. Name 4‘ Defendant has [:1 admitted [:l denied the allegations in the Eviction Action complaint: Findings of Fact and Conclusions of Law if” is; lV l. [:1 Plaintiff has failed to prove the allegations in the complaint. 2. 1:] COMPLAINT: 5»: g e _ Plaintiff proved the following allegations by a preponderance of the evidenceF-li‘” 42.: ‘ " Compliance with Minn. " E] a. Stat.§ 504B.181. I] b. Defendant has failed and refuses to pay rent for the month(s) of in the amount of $ per month payable on the day of each month for a total due of $ . E] c. Notice to vacate was properly given and Defendant has failed to vacate said property. [I d. Defendant has broken the terms of the rental agreement and Defendant has failed to vacate the property. 1:] e. Defendant defaulted on the mortgage and the property has been sold at a Sheriffs sale. The Redemption period has expired and Plaintiff is entitled to possession. E] f. Defendant defaulted on a contract deed and is holding over after proper cancellation of the contract. I] g. Other: 3. [:I DEFENSES: Defendant(s) proved the following defenses by a preponderance of the evidence. El 3. Improper service by [I b. Violation of the covenants of habitability by E] c. Improper notice because MNClS-CIV-123 STATE HOU114 Findings of Fact, Conclusions of Law, Order and Judgment Rev 12/11Page 1 ofE 30~CV~16~1 Waiver of by D [:l (1. e. Other: 4. [:l SETTLEMENT: No judgment to be entered at this time. The parties have reached a settlement, which is approved and incorporated in this Decision and Order. El Settled through Mediation (See attached settlement agreement) El Settled by the Litigants (See attached settlement agreement) I] Settlement terms are as follows: Order 1. E] The settlement is hereby approved as agreed upon. 2. E] JUDGMENT: The Court Administrator shall enterjudgment for: E] Plaintiff for recovery of the premises. The Writ of Recovery of Premises and Order to Vacate shall be: E] i. issued immediately upon request and payment of fee. E) ii.stayed until Date I] Defendant to remain in possession of the premises. E] Allowable costs and disbursements to the prevailing party. 3. wISMISSAL: he case is dismissed E] WITH WITHOUT prejudice and the Court Administrator shall enter Judgment accordingly. ’ - 4. E] REDEMPTION: Defendant may redeem the premise (for nonpayment of rent) by paying to the Plaintiff $ by . If not, a judgment and writ shall issue by default. Date 5. I] RENT ABATEMENT: Defendant has had diminished use and enjoyment of the premises. Rent is abated for the months of by a total of $ , and is abated by $ per month until the first month following completion of court ordered repairs. 6. 1:] RENT DISBURSEMENT: The rent now on deposit with the Court shall be released as follows: El $ to Plaintiff I: $ to Defendant. MNClS-ClV-123 STATE llOUl l4 Findings of Fact, Conclusions of Law, Order and Judgment Rev 12/! l Page 2of? 30-CV-16-1 7. [:1 HEARING: This is scheduled for El court trialE] jury trial [:1 motion hearing on issues of on ,at (a.m./p.m.) at . 8. [j DISCOVERY: The parties shall provide to each other by ,the following: a list of witnesses, with phone numbers and addresses, and the subjects about which they will testify, and copies of exhibits (documents, photographs, etc.) tobe introduced at trial,and Parties must bring to trialthree (3) copies of all exhibits. 9. I] RENT INTO COURT: Defendant shall pay into Court the rent of $ in cash or certified funds payable to the Court Administrator, on or before (a.m.Ipm.) on . , and all future rent by the day of each month until further Order of the Court, or the Court will issue a Writ of Recovery of Premises and Order to Vacate. 10. [I OTHER: Recommended by: Housing Court Referee Date J ge Judgment I hereby certify that the above Order constitutes the entry of Judgment of the Court. Dated: Tracy Gullerud Court Administrator By: Deputy MNClS-ClV-123 STATE HOUl 14 Findings of Fact, Conclusions of Law, Order and Judgment Rev 12/11Page 3 of}?