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Tim is teaching a class called "Landlording 102" through Anoka Hennepin Community Education. The class will be held on Tuesday, February 28, 2017 at 6:30 PM at the Staff Education Center (enter through door 7) at 2727 Ferry St., Anoka, MN 55303.

From the course description:

Discuss evictions and landlord-tenant law, including security deposits, lockouts, and abandoned tenant property. Interactive class, with plenty of time for questions, for new as well as more experienced landlords, property managers, and anyone else interested in learning more about being a landlord. Instructor is an attorney who represents primarily landlords and specializes in evictions and landlord-tenant law.Class fee: $25.

For more information and to register, please visit:

https://anokahennepin.cr3.rschooltoday.com/public/costoption/class_id/22698/public/1/sp/

 
 
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I am often asked if a landlord should feel badly about evicting a tenant. The short answer is no. After all, the landlord is in the business of providing housing in exchange for the payment of rent, and the tenant signed a contract saying that they were going to pay rent in exchange for a place to live.

As such, I have absolutely no hesitation in recommending that a landlord evict a tenant who is not paying rent. If the tenant is not paying rent, then the tenant is of no use to the landlord.It is important for all landlords to remember that being a landlord is a business. A tenant who does not pay rent is taking advantage of the landlord's generosity, and that is something that I do not tolerate.

In Minnesota, a judge can give a tenant up to 7 days to pay up or move out – but the judge has to find that the tenant will suffer substantial hardship before granting extra time.  However, the landlord and tenant can agree on a longer period of time – more than 7 days –for the tenant to pay up or move out. If the landlord and tenant agree, a judge will probably sign off on that agreement.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

 
 
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I am often asked whether a landlord should hold off on evicting a tenant until after the holidays. The short answer is no, the landlord should bring an eviction as soon as possible.  A landlord will do well to remember that being a landlord is a business. The landlord is in the business of providing housing, and those persons who do not pay their monthly rent should leave, and be replaced with tenants who actually pay their rent on time.

A tenant always has to meet their obligations under the lease to pay rent, even if there is a holiday. The landlord is under no obligation to give the tenant a gift of free rent for a month or two. Indeed, a tenant might get use to not paying rent, and then expect to stay for free. A tenant who does not pay rent is not meeting their obligation under the lease, and should be evicted.

Still, I understand that certain landlords would prefer not to bring an eviction so close to the holidays. However, if the landlord files an eviction now (December 13, 2016), the hearing on that eviction will likely not take place until the last week of the month, or possibly early in 2017. As such, I would recommend that a landlord bring an eviction sooner rather than later, even if we are in the midst of a holiday season.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.



 
 
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Tim is teaching a FREE seminar/CLE on evictions and landlord-tenant law. The seminar is called "What Every Landlord Needs to Know," and and will be held on Thursday, December 15, 2016 at 9 AM at Tim's office, 2140-4th Ave., Anoka, MN 55303

From the course description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. To register, please visit:

https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-29863493513

 
 
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Tim is teaching at the third annual Residential Landlord Law seminar sponsored by Sterling Education Services. The seminar will be held on Tuesday, December 6, 2016, starting at 8:30 AM, and will be held at The Tuscan Center, 3333 West Division #116, St. Cloud, MN 
320/251-2393 Tim is scheduled to teach the sessions on the eviction process, collecting back rent and damages, and ethical considerations in landlord-tenant law.

Here is a description of the program from the brochure:

Staying on top of legislative developments and current practices is one of the most important things you can do for yourself or your clients. Whether you own or manage the property or counsel those who do, you can’t afford to be left behind by the changes that are happening in residential landlord-tenant law every day, especially when economic tensions are making relations more volatile than ever. At this seminar, time-tested professionals will help you sort through the issues and walk you through the process from beginning to end, allowing you to reduce your risk and make the most of your rental property.
This is my second time teaching at the seminar, and I am really excited at the opportunity to share my knowledge with other attorneys, landlords, property managers, and anybody else who attends.  Please contact Tim directly for a special promotional code that will get you a $50 discount off of the standard rate when registering.

For more information, or to register, please visit: http://store.sterlingeducation.com/seminar/16MN12326-Residential-Landlord-Tenant-Law-Rentals-and-Remedies-St-Cloud-MN

Thanks!
 
 
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I am often asked whether a landlord should accept rent from a tenant after starting an eviction against that tenant. The short answer is no, probably not – unless the landlord has language in their lease that allows the landlord to proceed with an eviction even if the tenant makes a partial payment.

By accepting a partial payment when the landlord knows that the tenant actually owes more or has violated the lease in other ways, the landlord waives the right to bring an eviction against that tenant for those reasons.  The "magic language" that needs to be included in a lease for the landlord to accept a partial payment is found in Minn. Stat. 504B.281, subd. 1 (C):

partial payment of rent in arrears which is accepted by the landlord prior to issuance of the order granting restitution of the premises pursuant to section 504B.345 may be applied to the balance due and does not waive the landlord's action to recover possession of the premises for nonpayment of rent.
The above language should be included in every lease, so that the landlord cannot bring an eviction action, even if the landlord accepts partial payment. If the above language is not included in the lease and the landlord accepts a partial payment, then a judge is likely to dismiss the eviction and award the tenant $200 in costs pursuant to Minn. Stat. 549.02, subd. 1. This means that the landlord will have to pay $200 to the tenant if the eviction is dismissed.  As such, a landlord should not accept a partial payment unless the "magic language" is in the lease.

After the landlord starts an eviction against a tenant for nonpayment of rent or for any other reason, the landlord should not accept partial payment. Indeed, the landlord should only accept payment in full of the amounts owing, plus the filing fee and the cost of service. Failure to do so risks dismissal of the eviction, and a judgment against the landlord in favor of the tenant for $200 in costs.

The question becomes what should the landlord do with a partial payment, whether that payment is made by way of cashier's check, money order, personal check, or cash? The answer is that the landlord must return the partial payment to the tenant. I would recommend that the landlord enclose a letter to the tenant stating that the landlord cannot accept partial payment, can only accept payment in full, and provide the total amount due and owing. If the tenant makes a partial payment by way of cash, the landlord has to give the tenant a receipt for the cash, return it in the same way (although I would recommend returning it personally to the tenant), and get a receipt from the tenant that the cash has been returned. Getting a receipt will avoid the key-said she-said in court.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
 
 
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Tim is teaching a free seminar/CLE on evictions and landlord-tenant law, including security deposits and abandoned tenant property. The seminar will be held on Thursday 10/6/16 from 9 AM – 10 AM at Tim's office, 2140 – 4th Ave., Anoka, MN 55303.

Here is the official description of the seminar:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. For more information and to register, please visit https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-27957113479

Alternatively, you can also call Tim directly at 763-450-9494 to register.

Thanks!







 
 
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I am often asked what a landlord has to do to evict a tenant. The short answer is that, in Minnesota, the landlord must follow several specific steps in order to bring an eviction action in court.

Before a landlord files an eviction action, however, I recommend that the landlord try to talk to the tenants and resolve the dispute informally, without the need to go to court. After all, the tenants might agree to pay the back rent or move out within a reasonably short period of time. However, if the landlord and tenants cannot work things out on their own, then the landlord might need to go to court to get the tenants out.

An eviction action is all about who has the right to be in possession of the premises.  "Right to possession" means who has the right to occupy the premises, whether the premises is an apartment in an apartment building, a lot in a mobile home park, a townhome, a standalone house, or a commercial space, such as a warehouse or office building . By reason of their lease, the tenants have the right to be in possession, but if the tenants are violating the lease by not paying rent or for some other reason, then the landlord has the right to evict the tenants to regain possession.

Once the landlord has decided to bring an eviction against the tenants, the landlord must draft, file, and serve an eviction action complaint in District Court, get the summons back from the courthouse, serve the summons and complaint on the tenant within 7 days of the date of the hearing, and appear at the hearing. If necessary, the landlord also has to get the writ of recovery (the document that orders the sheriff to remove the tenants) from the courthouse, take it to the sheriff, and called the sheriff to schedule a physical move out if the tenants do not vacate within 24 hours of being served with a writ.

Serving an eviction is tricky. The landlord cannot personally serve the eviction summons and complaint, but must have somebody who is not a party to the action and over the age of 18 serve it. The summons and complaint must be served on the tenants within 7 days of the date of the hearing. That means that the summons and complaint must be served one full week before the hearing date. If the landlord tries to serve the tenants on 2 occasions, once after 6 PM, then the law provides that the landlord can post service of the eviction summons on the door of the premises.  If you have to post, I strongly recommend that you research the requirements for posting beforehand. There are several detailed and necessary steps that you must take for posting, or you risk in validating your service.

If the leased premises are owned by a corporation, a limited liability company, partnership, limited partnership, or some other business entity, then that entity must be represented by an attorney in District Court. However, if the landlord personally owns the premises as an individual, then the landlord can represent himself or herself in District Court. Still, I think that any landlord would benefit from being represented by an attorney.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.



 
 
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I am often asked what is different about a manufactured home eviction in comparison to a regular eviction from residential property. Typically, the resident of the manufactured home park owns the manufactured home in which they live, but leases the  land – commonly called a lot – occupied by the manufactured home. The short answer is that the process is largely the same, but there are some specific requirements – and only limited reasons – why a tenant can be evicted from a manufactured home.

Evictions from a manufactured home park are governed by Minn. Stat. Ch. 504B and Minn. Stat. Ch. 327C .320 7C .09 list the only reasons why a resident of a manufactured home park can be evicted:

1. Nonpayment of rent or utilities;

2. Violations of law;

3. Rule violations;

4. Endangering or substantially unknowing other residents;

5. Repeated serious violations of lease or ordinance or state law/rule;

6. Material misstatement in application; and

7. Specific improvement that the park owner plans to make that necessitate the eviction of the resident.

Most of these reasons why a resident of a manufactured home can be evicted require the landlord to provide some sort of notice and opportunity to correct the violation. For example, if a landlord wants to bring an eviction action based on nonpayment of rent or utilities, the landlord has to provide the resident of the manufactured home park with a 10-day notice, and give the resident 10 days to correct the nonpayment before the landlord can bring an eviction. For other violations, the landlord typically has to give a 30 day advance notice before bringing an eviction, but the amount of time in the landlord's rights and responsibilities vary.



For all of these reasons, the landlord should consult with an attorney who focuses on evictions, landlord-tenant law, and manufactured homes before taking any action. To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.











 
 
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I am often asked how long a landlord should give the tenant who is not paying rent before bringing an eviction. The short answer is that, in Minnesota, the landlord should bring an eviction action as soon as the rent is late.

When I say "bring an eviction," I mean that the landlord should start an eviction action in court to regain possession of the property. Right now, because of the lease agreement, even if the tenant is not paying rent, the tenant still has the right to be in possession of the property. The landlord wants to take that possession back, especially if the tenant is not paying rent, to rent the property to some other tenant who will actually bother to pay the rent.

Most leases provide that rent is due on the first day of the month, but that the tenant can pay their rent on up to the fifth day of the month without the rent being considered "late." I typically recommend that landlords bring an eviction as soon as the rent is late. In fact, I had one client who would instruct me to bring evictions on the sixth day of every month, when rent was late.  Generally, I do not recommend waiting more than one month to bring an eviction. Otherwise, the tenant will owe too much past due rent to be able to pay it back, along with their regular rent.

Many landlords want to give tenants a little more time to pay up. I am not going to say that this is okay, but as soon as rent is late the landlord should deliver a letter to the tenant in forming the tenant that rent is late and that the landlord will start an eviction to regain control of the property if rent is not paid by such and such a date. The landlord should state the specific date on which the landlord will bring an eviction, and give the tenant a very short deadline for paying the rent.

How much time is too much? If rent is technically late on the sixth day of the month, I would probably give the tenant up to (but no more than) two weeks to pay the rent, and instruct my attorney to start an eviction as soon as the deadline for paying rent has passed.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.