With expansion of our free tenant hotline service to all Minneapolis renters only 2 days away, we’re sharing information and advice on the top 5 issues renters call us about. Minneapolis renters will soon have access to this wealth of legal knowledge and practical advice stemming from 22 years of providing legal advocacy services to renters across Minnesota. More info about our Minneapolis expansion is here.
Today we’ll be sharing information about our 2nd-most commonly called-about issue: Evictions
Today’s topic: Evictions
Question: I received a notice from my landlord, am I being evicted? What can I do?
Answer: An eviction, also known as an unlawful detainer (or UD), is a lawsuit a landlord files against a tenant in an attempt to remove the tenant from a rental unit. Tenants who are being evicted must receive a formal court notice and have a chance to defend themselves in court before they can be removed from their home. It is important to understand the difference between a “notice to vacate” a tenant might receive from the landlord and court documents for eviction/unlawful detainer. A “notice to vacate” is not an eviction, but it can lead to an eviction if a tenant ignores it.
Evictions are formal, legal actions that take place in Minnesota’s court system. This means a tenant will be served with a formal notice from the court stating a court date during which the tenant can defend him or herself. The notice also states the reason(s) why the landlord is trying to evict the tenant. The tenant does not have to leave upon getting this notice; he or she has time to defend him or herself and may negotiate for additional time. An eviction is the only legal way, besides negotiation, for a landlord to remove a tenant from the home, and only after a judge rules that it is legal to do so. Evictions, on average, take 20 to 30 days; during this time the only point at which a tenant is at immediate risk of homelessness is when a judge orders a “writ of recovery” for a sheriff to forcibly remove the tenant from the home.
Defense to an eviction case depends on the type of case: nonpayment of rent, “holding over” (staying after a notice to vacate), or other breaches of the lease. There are a number of defenses that can be used for any type of case—generally these are technical issues relating to if the landlord followed the law and served the eviction notice to the tenant correctly. Evictions for “holding over” or other breaches of the lease will depend on the facts involved. If you’re facing an eviction, call our hotline for advice about your specific situation.
Roughly 90% of all evictions in MN are filed for nonpayment of rent. A tenant who is being evicted for nonpayment of rent has the right of “redemption” in court to remain in their unit. To “redeem” the tenant must show up to court ready to pay all of the rent, late fees, and additional court fees that are due to the landlord. Note that court and service of process fees can run up to approximately $400.
One tip on payment of rent—pay on time. Many leases state that the rent is due on the 1st but no late fee kicks in until the 5th. Tenants will frequently assume that this means the rent really isn’t due until the 5th. In fact—the rental due date remains the first. This is most important when the current landlord is giving a reference to a potential future landlord. They might say that the current tenant was always late with their rent because they never met the deadline of the first.
Evictions stay on a tenant’s publicly available rental history record indefinitely, generally regardless of what occurs in court (even if the tenant redeems). After seven years, the court record still exists, but the tenant screening companies that landlords typically hire may no longer legally report them to landlords. The only way to remove the court record is through expungement, which can be very difficult depending on the circumstances that caused the eviction. Call our hotline if you have questions about expungement of an eviction.
If you, a family member, or a friend is facing an eviction, please contact our hotline directly: 612-728-5767 or email an attorney here. It is important to speak to an attorney about your eviction before going to court to identify what the best defense is in your case.
Minneapolis renters can learn more about our expansion here.
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