As to Jacobs' retaliatory eviction defense, the landlord had the burden of proving a nonretaliatory reason for the unlawful detainer action. Jacobs admitted that he did not pay all the rent due. A failure to pay rent when due is a proper legal basis for an eviction. The evidence does not support any other reason for the eviction. Jacobs' claim of due process violations is based on his allegation that testimony of the landlord and Ford was untrue and that Jacobs did not have an opportunity to cross-examine the witnesses against him.
Due process requires that a hearing be fair, practicable, and reasonable.
Once again, the dispositive uncontested fact is that Jacobs failed to pay the entire rent when due. This fact is independently sufficient to support the unlawful detainer judgment, and cross-examination would have no bearing on it. Thus, a denial of the opportunity to cross-examine could not have prejudiced Jacobs or denied him due process. Any error predicated on a denial of cross-examination was harmless. See Minn. R. Civ.