Landlord and Tenant law in Minnesota is governed by Minn. Stat. § 504B.001 through Minn. Stat. § 504B.471 (See Resources ). These statutes govern a variety of issues that arise between landlords and tenants in Minnesota and establishes, not only the legal proceedings of eviction actions, but also rules that govern the landlord-tenant relationship. For example, the statutes dictate when a lease is required and that a landlord must provide the tenant a copy, the time period for a notice to quit, restrictions on lease terms, deposits and late fees. These statutes also govern Tenants rights including rent escrow actions. I understand these rules and the caselaw interpreting them and help landlords protect themselves from unnecessary exposure to lawsuits and claims that can be time-consuming and expensive.
“Unlawful Detainer” or Eviction Actions
Inevitably, all Landlords will, at some point, have to evict a tenant from their property. Though sometimes necessary, this is a no-win proposition for Landlords as a non-performing tenants cost you time and money. I understand this and have developed a flat fee eviction program to fix the costs of Landlords that face problem tenants. This flat fee covers all attorney fees of an eviction through a court trial (this flat fee excludes jury trials, any appeal to district court or the Appellate Courts and any fees associated with the eviction process). To review a retainer agreement and get the eviction process started contact me directly, or, schedule a consultation after which you can sign the retainer agreement, pay your attorney fees, upload your new client information and documents and I will begin work immediately. (See Schedule Consultation Tab)
When a tenant breaches a lease by failing to pay rent or by materially violating other parts of the lease, a landlord may evict the tenant through an “unlawful detainer” action. Also commonly known as “eviction actions,” these summary proceedings are scheduled for an initial appearance within 10 to 14 days of filing the eviction complaint. Although most evictions are settled or a matter of default (the tenant does not appear) Tenants will often attempt to take the offensive by enlisting their rights under rent escrow actions, where a tenant defends their action of non-payment of rent by acting as though they are “withholding rent” for a Landlord breach of the lease or the Landlord’s failure to upkeep the building or maintenance.
I have represented landlords in all aspects of rent escrow actions and if a tenant sues a Landlord or raises rent escrow as a defense in an eviction proceeding, I can provide legal advice and give you options to resolve or defend the litigation.
I will also provide guidance to Landlords after the eviction hearing to obtain a writ of recovery of the premises and organize the moveout with the Sheriff. My advice would cover the handling of security deposits and storage of any property left behind by the Tenants.
I routinely appear in housing court on behalf of landlords in Minnesota. I have the experience and knowledge necessary to advise landlords in both residential and commercial cases. To learn more about my legal representation please call me at 612-269-4353 (c) or upload your new client information and documents and schedule a telephone conference.