Picture
In a published decision issued on Monday 11/9/15, the Minnesota Court of Appeals ruled that corporate landlords -- including limited partnerships -- must be represented by a licensed attorney in district court.

A15-0496: Hinckley Square Associates, Respondent, vs. Leah D. Cervene, Appellant.

On appeal from a judgment ordering her eviction, appellant Leah Cervene argues that the district court erred in denying her motion to dismiss the complaint because 2 respondent-landlord Hinckley Square Associates (“Hinckley Square”) is a limited partnership and did not appear through licensed counsel in district court. Because we conclude that limited partnerships must be represented by counsel in district court, we reverse the district court’s judgment evicting Cervene.

Cervene also argues that the district court erred (1) in declining to dismiss the case because of Hinckley Square’s failure to give proper notices required by federal regulations and the parties’ lease; (2) in finding that she owed the full amount claimed in the complaint, despite Hinckley Square’s failure to adjust her rent obligation according to her income as required by federal regulations and the parties’ lease; and (3) in finding that Hinckley Square effectively increased her rent despite failing to give a one-rental period notice. Because we conclude that Hinckley Square should not have been allowed to appear in court without licensed counsel, we do not reach the merits of these issues.

The Appeals Court concluded that "the district court erred in allowing Hinckley Square, a limited partnership, to proceed through trial without a licensed attorney."  The Court of Appeals "also conclude[d] that the participation of the nonattorneys is not a curable defect," meaning that it cannot be corrected after the fact.

The message for corporate landlords is clear: a corporate landlord, whether a corporation, partnership, or any form of business entity, must be represented by an attorney in district court.  An eviction is an action in district court, and so corporate landlords must be represented by an attorney, even in an eviction.  That has always been the rule, and why Hinckley Square Associates thought it didn't need an attorney is beyond me.

Baland Law Office, P.L.L.C. represents both landlords and tenants in eviction actions, and in other litigation related to the landlord-tenant legal relationship.  Please call (763) 450-9494 to schedule an appointment to discuss your situation today!

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.



 


Comments

There are many people who disturbed because they are deceived by land authorities and i suggest them to contact to court to solve their problems by the way i want to write essay about the basic reasons of deceiving from landlords.

Reply
11/30/2015 6:09am

We have a ton to know through your information sites. I found many this site in addition to the vital thing When i looked into seemed to be how you will could review these individuals to search for the true just one. I stumbled upon just one web page that had been reliable in addition to I stumbled upon myself personally thanking people.

Reply
12/21/2015 2:32am

Website this phenomenal switches obtaining a whole new dilemma that is not tedious, I enjoy staying listed below.

Reply
12/21/2015 3:21am

This day The spouse as well as most folks identified a terrific artikl listed below, though your spouse as well as most folks did certainly not remember this issue for your send thinking about the particulars ya ?.

Reply

Hire our professional business plan writers from UK site to help your business succeed.

Reply
02/01/2016 11:37pm

This day The life partner and additionally most people distinguished a breathtaking artikl recorded beneath, however your companion and additionally most people did absolutely not recollect this issue for your send considering the particulars ya

Reply
02/07/2016 8:40am

The blog is helpful given that with all the different terrific material listed therein. I need to tell you the fact that choosing bestessays scam is not really a good step during the area and this procured browsing your blog to locate the crucial applications to decide a good creator.

Reply
02/21/2016 5:08am

Landlords need to be aware of the governments LESA scheme. The Landlord Energy Saving Allowance enables landlords to take advantage of tax breaks when upgrading the insulation on their rental properties. Please to read real estate in en.srilankajetaime.com.

Reply
03/28/2016 2:20pm

Get Help With All Your Academic Writing From A Cheap Essay Writing Service.

Reply

I like this post, enjoyed this one thank you for posting. "Fear not for the future, weep not for the past." by Percy Bysshe Shelley.

Reply
04/14/2016 8:55am

This is very interesting, but it is necessary to click on this link:

Reply
04/15/2016 11:32am

In contrast, unincorporated businesses or persons working on their own are usually not so protected.

Reply
04/16/2016 6:39am

Thank you for posting this published decision.

Reply
04/18/2016 7:40am

Pretty cool post. It’s really very nice and useful post.Thanks for sharing this with us!it’s my first visit.

Reply

I definitely enjoying every little bit of it. It is a great website and nice share. I want to thank you. Good job! You guys do a great blog, and have some great contents. Keep up the good work.

Reply
04/18/2016 7:45am

Really great news!!! this information is well worth looking everyone. Good tips. I will be sharing this with all of my friends! Thank you for sharing valuable information.

Reply
05/04/2016 2:13pm

The site was so nice, I found out about a lot of great things. I like the way you make your blog posts. Keep up the good work and may you gain success in the long run.

Reply
05/12/2016 5:23am

Many thanks for great info I was looking for this info

Reply

To find out more about the costs buried in your mortgage rates - including some that are banned in Australia - and to learn the secrets that Canadian banks don't want you to know, check out this short video:

Reply
06/07/2016 1:38am

I think the admin of this web site is actually working hard in favor of his web site, since here every data is quality based information.

Reply
06/11/2016 2:21am

However should observation on some general issues, The website taste is ideal, the articles is in point of fact nice : D. Good process, cheers

Reply
06/17/2016 5:08am

In my residence when I take bored, afterward I simply ON my PC and open YouTube web page to watch the YouTube video lessons.

Reply
07/22/2016 7:21am

I loved the significance of keeping human/sympathetic touch with the understudies and folks in this time of computerized literacy.Its fascinating Information share.That is awesome and stunning. The movements happening in our reality are entering each corner - as this training case appears. A debt of gratitude is in order for sharing this Heidi. I can just envision what you're astonishing heavenly attendant tyke will do with this additional motivating force.

Reply
07/26/2016 5:16am

Hello, i read your blog occasionally and i own a similar one and i was just wondering if you get a lot of spam remarks? If so how do you stop it, any plugin or anything you can advise? I get so much lately it’s driving me insane so any assistance is very much appreciated.

Reply
07/28/2016 6:47am

Great content material and great layout. Your website deserves all of the positive feedback it’s been getting.

Reply
08/05/2016 2:30am

Hey, in the wake of perception this magnificent bit of shaping i am unnecessarily captivated, making it difficult to concede my personality here to accessories.

Reply

Dependably i used to pay a savvy visit this site, since i require euphoria, for the reason that this page conations genuinely requesting breathing life into material as well

Reply
08/12/2016 1:14am

Hello there, in the wake of understanding this magnificent bit of composing i am too enchanted to impart my commonality here to partners.

Reply
09/15/2016 8:23am

I am keen of learning Flash, is there any piece of writing related to Flash, if okay, then please post it, thanks.

Reply

Brilliant, what a site it is! This site page gives helpful information to us, keep it up.

Reply

Excessive profile college call girls in Delhi for enjoyment 24x7. We are provide you college girls for leisure in delhi.

Reply
04/06/2017 6:17am

Beautiful Escorts in Goa available for fun. Call Amazing Escorts in Goa.

Reply



Leave a Reply