Minnesota Eviction Process Attorney
Attorney John E. Roach handles all aspects of the tenant eviction process. While this process can often be complicated and full of pitfalls for Minnesota landlords, John is experienced in handling all facets of tenant evictions.
In Minnesota, evicting a tenant is often anything but simple. Providing proper notice, correctly serving the tenant, and avoiding unnecessary court delays are all issues that landlords must address. Fortunately, John is experienced in breaking the eviction process down into manageable steps that simplify the process and relieve landlord headaches.
Providing Proper Notice
Providing proper notice to vacate or to terminate a tenancy is crucial in most situations that may require evicting a tenant. If notice is improperly provided to the tenant, the landlord’s eviction may be dismissed and they may be required to restart the entire notice period. This can be extraordinarily costly and time consuming for landlords. When John first reviews a potential eviction matter, he reviews whether notice was properly provided and can provide landlords advice as to whether notice is needed. If it is needed, John will handle correctly providing that notice to the tenant in a manner that will protect the landlord’s legal rights.
Filing the Eviction
Provided that any required notice was properly given, the next stage of the eviction process is preparing and filing the eviction. State and federal eviction moratoriums have complicated this stage in many ways, as many landlords no longer are sure if they have proper grounds upon which to file an eviction against a tenant. John is well-versed in the ever-changing landscape of Minnesota eviction law, and carefully reviews the facts of each prospective client before proceeding with filing an eviction. Evictions may be filed for various reasons, including non-payment of rent, holdover after a lease termination, breaches of lease, and some violations of Minnesota law. Once John determines that a valid eviction claim exists, he prepares and files all documentation necessary to move forward with the eviction in Minnesota housing or eviction court.
Serving the Tenant
Minnesota eviction process service is often the most troublesome part of the eviction process for landlords. Minnesota requires strict compliance with the eviction process service requirements, and failure to comply often results in eviction cases being dismissed. This can force a landlord to house a troublesome tenant for additional weeks or even months. Roach Law PLLC handles process service on behalf of our clients, and typically includes any process service fees in our standard rate.
Attending Eviction Court
After the tenant has been properly served with all necessary documents, the tenant will be required to appear in Court. John appears on behalf of clients at these hearings, and advocates for their rights. John has experience representing clients in hundreds of eviction proceedings including numerous trials. During these appearances, John often negotiates with the tenant and in many cases is able to quickly resolve eviction matters without further time and cost to his clients. Additionally, in many cases the tenant subject to the eviction does not appear at court. In most of these cases, the landlord is able to obtain a default judgment against the tenant, meaning that the Court will issue the eviction without any further court proceedings.
Eviction Trial
However, if the matter is unable to be settled at a first eviction hearing, the case is usually set for trial. Facing trial can be daunting for landlords, but Attorney John E. roach is experienced with handling trials and other contested matters, and can make this a smooth and painless process. At trial, John will present the Court with evidence of his clients’ claims and establish the grounds for an eviction.
Removing Tenants
After the Court grants the eviction, the Court will issue a writ of recovery which allows the tenant to be removed from the property. However, the landlord cannot do this on their own. Roach Law PLLC provides guidance to landlords and assist them in working with the sheriff of the county each eviction is venued in to schedule service and tenant moveout. This can usually take place within several days after the Court grants the eviction.
If you are in need of a Minnesota eviction attorney, or need assistance with navigating the complex Minnesota eviction process, call John E. Roach at Roach Law PLLC to schedule a free consultation.