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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At’ this stage of the proceedings, we accept as true Cocchiarella’s contentions in her petition: that she entered into an oral lease with Driggs for the residential premises before February 1, 2014, was told on February l.that she could move in “a couple of days later,” paid Driggs the security deposit and February rent on February 3, and was thereafter unlawfully excluded from exercising her legal right to occupy the premise^.1 See Park Nicollet *625Clinic, 808 N.W.2d at 831. The only issue for us to decide is whether Cocchiarella satisfied the definition of “residential tenant” under Minnesota Statutes chapter 504B when she held the present legal right to possess the premises but did not hold a key or otherwise physically occupy the premises.

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