It should be no surprise to anyone that Minnesota is a very tenant friendly state these days. Certain counties within Minnesota are more tenant friendly than others, but landlords (or, as I prefer to call them, property owners) cannot count on getting a fair shake from the court system.
That is why I generally recommend that property owners attempt to get a tenant to leave voluntarily, and use the eviction process as a last resort. I have had a number of cases where we have made every attempt to get the tenant to leave voluntarily – and to avoid having an eviction placed on the record – but in the end the tenant has left us with no choice but to file against them.
I am not afraid to file if the tenant leaves us with no choice, but I prefer not to file unless every other avenue has been exhausted. The reason is this: a tenant who checks in for housing court is asked if they want to speak with a free attorney or other resources. In some cases, those free resources can help a tenant to find a new housing situation, but in most cases those resources help – and indeed encourage – the tenant to fight the eviction.
I do not know about you, but I am sick and tired of being complacent. I will encourage a landlord to agree to a settlement agreement if that is in the landlord's best interest, but the tenant will have to request a trial if the settlement agreement that is proposed is not favorable to the landlord. I am sick and tired of making concessions to tenants without getting anything in return.
The problem is that if a landlord is forced to file an eviction, settling is a way of ending the case – and ending the expenditure of money on the part of the landlord. There are plenty of free attorneys and resources for tenants, but none that I have found for property owners. Fighting costs money, and property owners should be prepared to spend some money if they have to file an eviction or hire an attorney.
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.
That is why I generally recommend that property owners attempt to get a tenant to leave voluntarily, and use the eviction process as a last resort. I have had a number of cases where we have made every attempt to get the tenant to leave voluntarily – and to avoid having an eviction placed on the record – but in the end the tenant has left us with no choice but to file against them.
I am not afraid to file if the tenant leaves us with no choice, but I prefer not to file unless every other avenue has been exhausted. The reason is this: a tenant who checks in for housing court is asked if they want to speak with a free attorney or other resources. In some cases, those free resources can help a tenant to find a new housing situation, but in most cases those resources help – and indeed encourage – the tenant to fight the eviction.
I do not know about you, but I am sick and tired of being complacent. I will encourage a landlord to agree to a settlement agreement if that is in the landlord's best interest, but the tenant will have to request a trial if the settlement agreement that is proposed is not favorable to the landlord. I am sick and tired of making concessions to tenants without getting anything in return.
The problem is that if a landlord is forced to file an eviction, settling is a way of ending the case – and ending the expenditure of money on the part of the landlord. There are plenty of free attorneys and resources for tenants, but none that I have found for property owners. Fighting costs money, and property owners should be prepared to spend some money if they have to file an eviction or hire an attorney.
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.
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