Eviction Attorney in Minnesota

In Minnesota, residential eviction can be a complex subject. Landlords are held to stringent requirements when attempting to evict a tenant, and tenants often may not be aware that a landlord has violated their rights. There are many possible grounds for eviction, but it is important to have an experienced Minnesota eviction attorney look at your situation and advise you of your rights.

Nonpayment of Rent

Nonpayment of rent is the most common grounds for eviction, and a landlord may attempt to evict a tenant if that tenant has failed to pay rent when it comes due. However, the tenant has the right to pay the past due rent in order to stop the eviction proceeding. However, if a tenant wishes to “redeem” the property in this way, they will likely also have to pay the costs of the eviction, including the court filing fee.

Breach of Lease

A landlord may also usually evict a tenant if the tenant has violated the lease. Breach of the lease may include owning unauthorized pets, causing damage to the property, or conducting illegal actions on the property. It is important for you to have an attorney read your lease agreement to determine what rights you have, or if the lease has been materially breached.

Holdover Tenant

If a lease has ended and the tenant remains in the property, the landlord may choose to accept rent and continue the lease as a periodic tenancy (usually a month-to-month lease). However, either party may choose to end the lease by giving the other notice. Notice must be given a full rental period before the lease will terminate. If the tenant is given proper notice and does not leave when the lease has ended, the landlord may bring an eviction action to force the tenant to leave.

Eviction Process

In Minnesota, there are many formalities that landlords must comply with. If the formalities are not complied with, the court may dismiss the eviction action. It is advisable for anyone involved in an eviction to obtain an attorney so that they are fully prepared for the eviction hearing. If you have questions about bringing an eviction or contesting an eviction brought against you, call Minnesota eviction attorney John E. Roach at Roach Law PLLC for a free consultation.