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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The context in which “is occupying” appears in the statute supports an interpretation that the phrase includes the present legal right to occupy. Specifically, the phrase “is occupying” refers to “a dwelling in a residential building under a lease or contract.” Minn.Stat. § 504B.001, subd. 12. Chapter 504B defines a “lease” as “an oral or -written agreement creating a tenancy in real property.” Id., subd. 8 (emphasis added). A tenancy is commonly understood to mean the “[possession or occupancy of lands, buildings, or other property by title, under a lease, or on payment of rent.” The American Heritage Dictionary of the English Language Í782 (4th ed.2000) (emphasis added); accord Tenancy, Black’s Law Dictionary (10th ed.2014). Thus, under chapter 504B, á lease agreement creates a tenancy, which includes the legal right of occupancy by title, lease, or payment of rent. A residential tenant who “is occupying a dwelling” under “a lease or contract” therefore includes one who has the legal right of occupancy.2

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