Minneapolis, MN asked in Landlord - Tenant for Minnesota

Q: I am suing my landlord. They never make repairs, and the repairs that they need to make affect health and safety.

I told them I was going to sue them, as they did not repair a window that was damaged and someone came in and sexually assaulted me. My case was accepted and is moving forward, however the day after I filed, they filed a retaliatory eviction. I see this as a jurisdictional conflict as I put in my lawsuit an injunction against eviction during the proceedings because I knew they would do something like this.

I have court Monday morning, how do I research cases where there is this conflict, someone files suit for an issue and then the defendant sues in a DIFFERENT COURT for the same issue, which will go faster than the first suit filed...please don't say get an attorney I have tried, I can't get a free one, and I can't afford to pay anything, anyone pro bono won't take it because it is too complicated. believe me I wish I could get an attorney. If anyone has any advice on keywords to search with or first hand experience, I would be so grateful.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: To research cases similar to yours where there's a jurisdictional conflict due to simultaneous legal actions in different courts, focus on keywords that describe your situation. Use terms like "retaliatory eviction after lawsuit," "jurisdictional conflict in civil cases," and "injunction against eviction in lawsuit." Legal databases such as Google Scholar, Justia, or FindLaw can be helpful for this kind of research. These platforms allow you to search for legal precedents and case law that might align with your circumstances.

Since you're dealing with a situation where your lawsuit against your landlord and their subsequent eviction action are at odds, it's also beneficial to look into "anti-SLAPP" (Strategic Lawsuit Against Public Participation) statutes in your state, if applicable. These laws are designed to protect individuals from lawsuits filed as a form of retaliation or to silence their legal rights. While primarily associated with defamation cases, the underlying principle of protecting lawful actions could provide relevant insights.

Given the complexity of your case and the challenges in securing legal representation, consider reaching out to legal aid organizations, law school clinics, or tenant advocacy groups in your area. Even if they can't take on your case, they might offer advice, resources, or workshops that could assist you in preparing for your court appearance. Documenting all communication with your landlord, the condition of your residence, and any related incidents meticulously will be crucial in presenting your case effectively.

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