Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)

Citation: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Parent Document: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Jurisdiction: Minnesota (state)
Effective Date: 2016-08-31
Original Source: https://www.courtlistener.com/opinion/4252990/mary-cocchiarella-v-donald-driggs/ ↗

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When Cocchiarella returned .to the apartment the next day, Driggs requested that Cocchiarella obtain a co-signer for her lease. Cocchiarella returned that evening with her roommate, J.B., who completed “a co-signed rental application” with her. Cocchiarella asked Driggs when she could move into the apartment, and Driggs stated that he needed a “couple of days to remove his belongings” before she could move in. Two days later, Cocchiarella and J.B. returned to the premises and again asked Driggs when he would permit her to move in. Driggs “became angry” and “demanded” that Cocchiarella and J.B. leave, which they did. On February 10, Driggs left Cocchiarella a voicemail, stating that she should return to the premises so Driggs could give back the security deposit. After some discussion with Cocchiarel-la at the apartment, Driggs “changed his mind” and again told Cocchiarella that he would remove his belongings in a couple of days and that she could move in “later that week.” Driggs did not offer to return the $2,400 Cocchiarella had given him for the security, deposit and February rent payment. On February 11, Cocchiarella left Driggs a voicemail stating that, unless Driggs provided her the keys for immediate move-in, she would file a “lockout petition” with the housing court. Driggs did not give Cocchiarella the keys to the premises.

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