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.

Tim is presenting at the second annual Landlord-Tenant Law-Essential-Issues-St-Cloud-MN.  The seminar is on Tuesday 12/8/15 from 8:30 a.m. - 12:30 p.m.  Tim is presenting on the process of evicting a tenant -- from filling out the eviction action complaint to appearing in court to dealing with the personal property that the tenant has left behind -- in a presentation titled Evictions: Excuses and Traps When Things Go Bad.

Here is a link to the seminar:

https://store.sterlingeducation.com/seminar/15MN12313.

Please call me at (763) 450-9494 if you would like to attend and I will arrange for a special discount on registration for you.

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) 290-0445 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) 290-0445 to set up an appointment to discuss your situation.

Tim is teaching a FREE seminar on evictions, security deposits, abandoned tenant property, and landlord-tenant law.  The seminar will be held on Friday 9/25/15 at Tim's office, 2140-4th Avenue, Anoka MN 55303.  ATTORNEYS: This seminar has been approved for one standard CLE credit.  The event code is 210325.

Here is the official event 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.

Space is limited, and advance registration is required.  For more information or to register, please visit:

https://www.eventbrite.com/e/evictions-security-deposits-abandoned-tenant-property-and-landlord-tenant-law-tickets-18462101643

Tim is teaching a FREE seminar on Landlord-Tenant Law, including evictions, security deposits, and abandoned tenant property.  The seminar will be held from noon - 1:00 p.m. on Wednesday 1/28/2015 at Tim's office, 2140-4th Avenue, Anoka MN 55303.  This seminar is geared for landlords, property managers, and attorneys who represent them, but is also applicable for tenants, tenant-rights' organizations, and tenant attorneys.  ATTORNEYS: The seminar has been approved for one standard CLE credit.  The event code is 200646.

Space is limited, so advance registration is required.  To register, please visit: https://www.eventbrite.com/e/evictions-security-deposits-abandoned-tenant-property-and-landlord-tenant-law-tickets-15252316088

Tim is teaching a FREE seminar on Landlord-Tenant Law, including evictions, security deposits, and abandoned tenant property.  The seminar will be held on Friday 10/24/2014 at Tim's office, 2140-4th Avenue, Anoka MN 55303.  This seminar is geared for landlords, property managers, and attorneys who represent them, but is also applicable for tenants, tenant-rights' organizations, and tenant attorneys.

Space is limited, so advance registration is required.  To register, please visit https://www.eventbrite.com/e/brown-bag-seminar-evictions-security-deposits-abandoned-tenant-property-and-landlord-tenant-law-tickets-13564843813

ATTORNEYS: One standard CLE credit has been applied for.

Tim is teaching a special seminar for landlords on how to handle evictions, security deposits, tenant property left behind when a tenant moves out, and landlord-tenant law.  The seminar will be held on Friday 8/22/2014 from noon - 1:00 p.m. at Tim's office, 2140-4th Avenue, Anoka MN 55303.  Here is the official description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship from the landlord's perspective, 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: This seminar has been approved for one standard CLE credit.  The event code is 194884.

Space is limited, so advance registration is required.  For more information and to register, visit https://www.eventbrite.com/e/brown-bag-seminar-evictions-security-deposits-and-landlord-tenant-law-tickets-12490921683.

Can a landlord evict a tenant for illegal activities?  For example, what can the landlord do if the tenant uses, sells, possesses, or manufactures illegal drugs in the rental unit?  What if the tenant assaults someone, such as another tenant or guest, in the rental unit?  Can the landlord evict a tenant who stores stolen property on the premises?

The short answer is yes, the landlord can bring an eviction action, but only if there is proof that the tenant has engaged in certain illegal activities.  In Minnesota, Minn. Stat. 504B.171, subd. 1 says that neither the landlord or tenant will:

(i) unlawfully allow controlled substances in [the rental] premises or in the common area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of the premises; or
(iv) allow stolen property or property obtained by robbery in those premises or in the common area and curtilage of the premises; and
(2) the common area and curtilage of the premises will not be used by either the landlord or licensor or the tenant or licensee or others acting under the control of either to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152.

0Minn. Stat. § 504B.171, subd. 1, emphasis added.

In other words, the activities in bold print are prohibited, and grounds for eviction.  Here is a short list of prohibited activities:

1. controlled substances
2. prostitution or prostitution-related activity
3. unlawful use or possession of a firearm
4. possession of stolen property

These are the only illegal activities that are prohibited by statute, so a tenant cannot be evicted under this statute for engaging in an a crime not on this list.  However, many leases and tenant rules prohibit other conduct.  If a tenant's conduct violates the terms of the lease or rules, that violation is grounds for eviction as well.  For example, if a lease prohibits "assaultive behavior," and the tenant assaults another tenant or guest, that might be grounds for eviction.

I say might because the landlord must prove that the prohibited conduct occurred.  In a civil action such as an eviction, the landlord must prove that prohibited conduct occurred by a preponderance of the evidence.  That means that the landlord must prove that is more likely than not that the prohibited conduct occurred.

What is sufficient proof?  A conviction, either resulting from a guilty plea or trial, will almost certainly be sufficient because the underlying facts will either be admitted or proven beyond a reasonable doubt..  If a tenant is charged with a crime, that may be sufficient because a prosecutor found probable cause to believe that the tenant had committed a crime.  Police reports and complaints for neighbors are good, but may not be sufficient to prove prohibited conduct in and of themselves.

If a landlord suspects that a tenant is engaged in illegal activity, or receives complaints from neighbors, I would recommend calling the police and filing a police report.  Landlords should encourage neighbors who complain about a tenant's behavior to call 9-1-1 instead of reporting the tenant to the landlord later, after the fact.  If neighbors call the police immediately, the police may catch the tenant doing something illegal.

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.

I generally recommend that a landlord bring an eviction action as soon as a tenant falls behind in rent.  If the landlord lets two or more months go by without demanding that the tenant pay rent, the tenant will believe they can stay in the property without having to pay rent, lease or no lease.  Bringing an eviction action shows the tenant that the landlord is serious about payment of rent, and that the tenant has to pay rent in order to stay in the property.

After the landlord has successfully evicted the tenant, I recommend that the landlord sue the tenant in conciliation court for the unpaid rent and any other amounts due and owing under the lease in order to get a judgment against the tenant, and transfer that judgment from conciliation court to district court..  Although the landlord cannot expect to get any money that day, that week, that month, or even that year, the tenant will eventually want to buy a house, but will be unable to qualify for a mortgage with the landlord's judgment on their record

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.  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.

All landlords and tenants should know the provisions of Minn. Stat. Ch. 504B that govern evictions in Minnesota.  These laws apply to apply to all landlord-tenant situations, regardless of whether the landlord or tenant is a corporate entity or an individual.  Please note that, in Minnesota, all corporate entities must be represented in court by a licensed attorney.  Minn. Stat. § 481.02, subd. 3(12); Nicollet Restoration, Inc. v. Turnham, 486 N.W.2d 753, 754 (Minn. 1992).

A landlord can bring an eviction action in three circumstances: (1.) a tenant does not pay rent; (2.) a tenant violates the terms of their lease; and (3.) a tenant remains in the rental property after being given proper notice to vacate.  The law governing evictions also applies to situations where the tenant remains in the property (a.) after the property is sold pursuant to an execution or judgment or (b.) after the period of redemption has expired for the owner of the property to redeem it from a foreclosure.

Eviction, sometimes called unlawful detainer, is all about who has the right to possession of the property.  If the tenant has not paid rent, has violated the terms of the lease, or is otherwise holding over after being given the proper notice to vacate, then the landlord is entitled to possession of the property.  However, the tenant may have a defense if the tenant can prove that the eviction action brought by the landlord is in retaliation for the tenant’s proper assertion of legal rights.  Minn. Stat. § 504B.185, subd. 2.

After the eviction summons and complaint is filed with the court and served upon the tenant, the court schedules a hearing to determine if the tenant has an excuse under Minnesota law for not paying rent.  If the court determines that the tenant does not have an excuse, the court will issue a Writ of Execution, which is an order for the Sheriff to remove the tenant from the property.  However, the Writ of Execution will be stayed for a period of time, usually less than seven (7) days, to give the the tenant time to vacate the property voluntarily.  If the tenant does not voluntarily leave within the specified period of time, the Sheriff will remove the tenant from the property.

A trial will be scheduled only if the court determines at the initial hearing that the tenant has an excuse under Minnesota law for not paying rent.  Typically, however, the landlord and tenant will reach a settlement whereby the tenant will pay all or a part of the rent owing within a certain period of time, or a Writ of Execution will be issued upon the filing of an affidavit by the landlord and the tenant will be evicted.  If the tenant is evicted, the landlord will initiate a separate action, usually in conciliation court, to recover the unpaid rent.

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.  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.