Can a landlord evict tenants in wheelchairs? The short answer is yes, but the landlord needs to be aware of the potential pitfalls of doing so. In the past, I have represented property owners and not in wheelchairs, and evicted tenants both in wheelchairs and not in wheelchairs. Right out of the gate, I want to let you know that I think the term "landlord" is pejorative, and so will be using the term "property owner" instead throughout the remainder of this article.
I have been quoted in the Minnesota Star Tribune for my work on the case involving defendants in wheelchairs. This case is currently being appealed to the Minnesota Court of Appeals. In addition, the defendants have filed a motion to vacate the eviction judgment against them and for a new trial. This is actually the second group of tenants in wheelchairs that I have evicted (although the Writ of Recovery is currently stayed).
Anyway, here is that article:
I have been quoted in the Minnesota Star Tribune for my work on the case involving defendants in wheelchairs. This case is currently being appealed to the Minnesota Court of Appeals. In addition, the defendants have filed a motion to vacate the eviction judgment against them and for a new trial. This is actually the second group of tenants in wheelchairs that I have evicted (although the Writ of Recovery is currently stayed).
Anyway, here is that article:
| star_tribune.pdf |
Property owners have rights, and those rights include doing what they want with real property that they own within the constraints of the law,, even if it is occupied by tenants. A property owner might decide to get rid of all the tenants and leave the property vacant. A property owner might decide to get a brand-new tenants. It is largely up to the property owner what they want to do, although I would always recommend that a property owner check with the local municipality to make sure that the proposed use is permitted, or that a special license is not required.
Defendants in wheelchairs tend to present very sympathetic situations, but are not necessarily the most sympathetic of people. I would recommend that property owners seek the advice of competent legal counsel if they want to evict a tenant in a wheelchair. These situations tend to be complex, the defendants are s sympathetic, and the property owner will be well served by having an attorney on their side.
If the tenant will not leave voluntarily, as of the date of this writing, the most time that a judge can give a tenant to leave – whether in a wheelchair or not – is 7 days. That does not seem like a lot of time, but that is what the law allows. I always happy to speak to any property owner about how to deal with a problem tenant.
A property owner can expect that I will charge a consultation fee of $250 for a 30 minute consultation by way of telephone, video, or in person, whatever is best for the property owner. If there is a written lease or agreement for possession of the property, I will want to see that. If the property owner has provided any notices or if there are other pertinent communications between the property owner in the tenant, I want to see those as well. In addition, I would like to see anything else that the property owner thinks is important.
Every tenant situation is unique, and I recommend that property owners 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 763-290-0445 to discuss their unique situation. I 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) 290-0445 to set up an appointment to discuss your situation.
Defendants in wheelchairs tend to present very sympathetic situations, but are not necessarily the most sympathetic of people. I would recommend that property owners seek the advice of competent legal counsel if they want to evict a tenant in a wheelchair. These situations tend to be complex, the defendants are s sympathetic, and the property owner will be well served by having an attorney on their side.
If the tenant will not leave voluntarily, as of the date of this writing, the most time that a judge can give a tenant to leave – whether in a wheelchair or not – is 7 days. That does not seem like a lot of time, but that is what the law allows. I always happy to speak to any property owner about how to deal with a problem tenant.
A property owner can expect that I will charge a consultation fee of $250 for a 30 minute consultation by way of telephone, video, or in person, whatever is best for the property owner. If there is a written lease or agreement for possession of the property, I will want to see that. If the property owner has provided any notices or if there are other pertinent communications between the property owner in the tenant, I want to see those as well. In addition, I would like to see anything else that the property owner thinks is important.
Every tenant situation is unique, and I recommend that property owners 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 763-290-0445 to discuss their unique situation. I 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) 290-0445 to set up an appointment to discuss your situation.
RSS Feed