What can you expect when you hire my office to evict a tenant? In the past 13 years, I have had one client express dissatisfaction with the way that I handled an eviction. The short answer is that you can expect that your eviction will be filed within 24 – 48 hours of our initial contact (I will let you know if it is going to be any different), that the eviction hearing will be scheduled in about two weeks, that I will let you know when your tenant(s) are served,, and that I will check in with you probably the date before the hearing to see if anything has changed and make sure that we are both on the same page in regards to what you want to have happen.
When I first meet with a potential landlord client who wants to evict a tenant, one of the first questions I ask is, "What do you want to have happen?" Most landlords either want the tenant to move out or pay up. At the eviction hearing, I try to work out a settlement agreement with the tenants that accomplishes that goal. If the landlord is present at the eviction hearing, then I obviously make sure that the proposed settlement agreement is okay with the landlord. If the landlord cannot be at the eviction hearing, for whatever reason, then I ask the landlord for acceptable settlement parameters – and use what the landlord told me that they want to have happen as a guidepost.
At the hearing, one of four things can happen:
1. The tenant does not show up and the landlord wins by default;
2. The tenant shows up and the parties – the landlord and the tenant – are able to reach a settlement agreement. Most settlement agreements either involve the tenant paying a set amount of money according to a payment schedule or moving out by a certain date. If the tenant does not meet the requirements of the settlement agreement, then the landlord can get a writ of recovery – the order for the Sheriff to remove the tenant from the property;
3. The tenant shows up, but the parties are unable to reach a settlement agreement. In this case, if the tenant admits the allegations in the complaint, the judge will issue a writ, but can stay that writ for up to seven days; and
4. The tenant requests a trial. If the lease has been brought for unpaid rent alone, and there are no other allegations in the complaint other than unpaid rent, AND the tenant says that the reason they have not been paying rent is the condition of the premises, then the judge can require the tenant to deposit the amount of unpaid rent with the Court Administrator before getting a trial.
If the eviction has been brought for both unpaid rent and for some other reason, then the tenant does not have to pay rent into court to get a trial.
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 – 290 – 0445 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 over the past 13 years, but DO NOT REPRESENT RESIDENTIAL 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.
When I first meet with a potential landlord client who wants to evict a tenant, one of the first questions I ask is, "What do you want to have happen?" Most landlords either want the tenant to move out or pay up. At the eviction hearing, I try to work out a settlement agreement with the tenants that accomplishes that goal. If the landlord is present at the eviction hearing, then I obviously make sure that the proposed settlement agreement is okay with the landlord. If the landlord cannot be at the eviction hearing, for whatever reason, then I ask the landlord for acceptable settlement parameters – and use what the landlord told me that they want to have happen as a guidepost.
At the hearing, one of four things can happen:
1. The tenant does not show up and the landlord wins by default;
2. The tenant shows up and the parties – the landlord and the tenant – are able to reach a settlement agreement. Most settlement agreements either involve the tenant paying a set amount of money according to a payment schedule or moving out by a certain date. If the tenant does not meet the requirements of the settlement agreement, then the landlord can get a writ of recovery – the order for the Sheriff to remove the tenant from the property;
3. The tenant shows up, but the parties are unable to reach a settlement agreement. In this case, if the tenant admits the allegations in the complaint, the judge will issue a writ, but can stay that writ for up to seven days; and
4. The tenant requests a trial. If the lease has been brought for unpaid rent alone, and there are no other allegations in the complaint other than unpaid rent, AND the tenant says that the reason they have not been paying rent is the condition of the premises, then the judge can require the tenant to deposit the amount of unpaid rent with the Court Administrator before getting a trial.
If the eviction has been brought for both unpaid rent and for some other reason, then the tenant does not have to pay rent into court to get a trial.
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 – 290 – 0445 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 over the past 13 years, but DO NOT REPRESENT RESIDENTIAL 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