On December 02, 2022 a
Order
was filed
involving a dispute between
Jansen, Carrie,
and
Dahl, Glen,
Jansen, Laura Jean,
for Eviction (UD)
in the District Court of Cook County.
Preview
16-CV-22-229
Filed in District Court
State of Minnesota
1/13/2023 3:55 PM
State of Minnesota District Court
Cook County Sixth Judicial District
Court File Number: 16-CV-22-229
Case Type Eviction (UD)
Carrie Jansen vs Laura Jean Jansen, Glen Eviction Action – Findings of Fact,
Dahl Conclusions of Law, Order and
Judgment (Minn. Stat. §504B.345)
This case was heard by the undersigned on January 13, 2023.
Date
PLAINTIFF:
Appeared in person. Represented by: counsel agent
Appeared through agent Tyson Smith
Did not appear and is in default. Name
DEFENDANT: Represented by: advocate counsel
Appeared in person.
Did not appear and is in default. Name
Defendant has admitted denied the allegations in the Eviction Action complaint.
Findings of Fact and Conclusions of Law
1. Plaintiff has failed to prove the allegations in the complaint.
2. COMPLAINT:
Plaintiff proved the following allegations by a preponderance of the evidence.
a. Compliance with Minn. Stat. § 504B.181.
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 $ .
c. Notice to vacate was properly given and Defendant has failed to vacate said
property.
d. Defendant has broken the terms of the rental agreement and Defendant has failed
to vacate the property.
e. Defendant has defaulted on the mortgage and the property has been sold at a
Sheriff’s sale. The Redemption period has expired and Plaintiff is entitled to
possession.
f. Defendant defaulted on a contract deed and is holding over after proper
cancellation of the contact.
g. Other: .
3. DEFENSES:
Defendant(s) proved the following defenses by a preponderance of the evidence.
MNCIS-CIV-122 STATE Findings of Fact, Conclusions of Law, Order and Judgment HOU114 Rev 12/11 Page 1 of 3
16-CV-22-229
Filed in District Court
State of Minnesota
1/13/2023 3:55 PM
16-CV-22-229
a. Improper service by .
b. Violation of the covenants of habitability by .
c. Improper notice because .
d. Waiver of by .
e. Other: .
4. 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.
Settled through Mediation (See attached settlement agreement)
Settled by the Litigants (See attached settlement agreement)
Settlement terms are as follows:
Order
1. The settlement is hereby approved as agreed upon.
2. JUDGMENT:
The Court Administrator shall enter judgment for:
a. Plaintiff for recovery of the premises. The Writ of Recovery of Premises and
Order to Vacate shall be:
i. issued immediately upon request and payment of fee.
ii. stayed until
Date
b. Defendant to remain in possession of the premises.
c. Allowable costs and disbursements to the prevailing party.
3. DISMISSAL:
The case is dismissed WITH WITHOUT prejudice and the Court
Administrator shall enter Judgment accordingly.
4. 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. 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. RENT DISBURSEMENT:
The rent now on deposit with the Court shall be released as follows:
$ to Plaintiff $ to Defendant.
MNCIS-CIV-122 STATE Findings of Fact, Conclusions of Law, Order and Judgment HOU114 Rev 12/11 Page 2 of 3
16-CV-22-229
Filed in District Court
State of Minnesota
1/13/2023 3:55 PM
16-CV-22-229
7. HEARING:
This is scheduled for court trial jury trial motion hearing on issues of
on , at (a.m./p.m.) at
8. 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.) to be introduced at trial, and .
Parties must bring to trial three (3) copies of all exhibits.
9. 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./p.m.) 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. OTHER:
.
Let Judgment Be Entered Accordingly.
Recommended by: By the Court:
Housing Court Referee Date Judge Date
Judgment
I hereby certify that the above Order constitutes the entry of Judgment of the Court.
Dated: Amy Turnquist
Court Administrator
By:
Deputy
MNCIS-CIV-122 STATE Findings of Fact, Conclusions of Law, Order and Judgment HOU114 Rev 12/11 Page 3 of 3
Document Filed Date
January 13, 2023
Case Filing Date
December 02, 2022
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16-CV-22-229 Filed in District Court State of Minnesota 1/13/2023 3:55 PM State of Minnesota District Court Cook County Sixth Judicial District Court File Number: 16-CV-22-229 Case Type Eviction (UD) Carrie Jansen vs Laura Jean Jansen, Glen Eviction Action – Findings of Fact, Dahl Conclusions of Law, Order and Judgment (Minn. Stat. §504B.345) This case was heard by the undersigned on January 13, 2023. Date PLAINTIFF: Appeared in person. Represented by: counsel agent Appeared through agent Tyson Smith Did not appear and is in default. Name DEFENDANT: Represented by: advocate counsel Appeared in person. Did not appear and is in default. Name Defendant has admitted denied the allegations in the Eviction Action complaint. Findings of Fact and Conclusions of Law 1. Plaintiff has failed to prove the allegations in the complaint. 2. COMPLAINT: Plaintiff proved the following allegations by a preponderance of the evidence. a. Compliance with Minn. Stat. § 504B.181. 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 $ . c. Notice to vacate was properly given and Defendant has failed to vacate said property. d. Defendant has broken the terms of the rental agreement and Defendant has failed to vacate the property. e. Defendant has defaulted on the mortgage and the property has been sold at a Sheriff’s sale. The Redemption period has expired and Plaintiff is entitled to possession. f. Defendant defaulted on a contract deed and is holding over after proper cancellation of the contact. g. Other: . 3. DEFENSES: Defendant(s) proved the following defenses by a preponderance of the evidence. MNCIS-CIV-122 STATE Findings of Fact, Conclusions of Law, Order and Judgment HOU114 Rev 12/11 Page 1 of 3 16-CV-22-229 Filed in District Court State of Minnesota 1/13/2023 3:55 PM 16-CV-22-229 a. Improper service by . b. Violation of the covenants of habitability by . c. Improper notice because . d. Waiver of by . e. Other: . 4. 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. Settled through Mediation (See attached settlement agreement) Settled by the Litigants (See attached settlement agreement) Settlement terms are as follows: Order 1. The settlement is hereby approved as agreed upon. 2. JUDGMENT: The Court Administrator shall enter judgment for: a. Plaintiff for recovery of the premises. The Writ of Recovery of Premises and Order to Vacate shall be: i. issued immediately upon request and payment of fee. ii. stayed until Date b. Defendant to remain in possession of the premises. c. Allowable costs and disbursements to the prevailing party. 3. DISMISSAL: The case is dismissed WITH WITHOUT prejudice and the Court Administrator shall enter Judgment accordingly. 4. 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. 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. RENT DISBURSEMENT: The rent now on deposit with the Court shall be released as follows: $ to Plaintiff $ to Defendant. MNCIS-CIV-122 STATE Findings of Fact, Conclusions of Law, Order and Judgment HOU114 Rev 12/11 Page 2 of 3 16-CV-22-229 Filed in District Court State of Minnesota 1/13/2023 3:55 PM 16-CV-22-229 7. HEARING: This is scheduled for court trial jury trial motion hearing on issues of on , at (a.m./p.m.) at 8. 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.) to be introduced at trial, and . Parties must bring to trial three (3) copies of all exhibits. 9. 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./p.m.) 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. OTHER: . Let Judgment Be Entered Accordingly. Recommended by: By the Court: Housing Court Referee Date Judge Date Judgment I hereby certify that the above Order constitutes the entry of Judgment of the Court. Dated: Amy Turnquist Court Administrator By: Deputy MNCIS-CIV-122 STATE Findings of Fact, Conclusions of Law, Order and Judgment HOU114 Rev 12/11 Page 3 of 3