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Evictions

Evictions

Real estate investors, landlords, and real estate portfolio managers are often faced with occupants who refuse to vacate and remove their property. These situations range from a post-foreclosure holdover to a landlord/tenant dispute involving a breach of a lease. Both federal and state law provide protections for tenants or occupants. Good legal counsel can not only help you explore your options for a quick resolution without resorting to an eviction but can also protect you from the legal liability that could be incurred by actions taken without the authority of the court. If it becomes necessary to bring your dispute into court, The Academy Law Group offers efficient, competent, and experienced representation by attorneys who will work closely with you to achieve the best possible outcome. Our track record highlights an assertive, yet pragmatic approach to handling evictions which provide our clients with an expeditious and cost effective resolution.


FAQs

Did you know that is the trend of both the legislature and the Minnesota courts is to provide more protections to eviction defendants?
It is not atypical in an eviction proceeding to run into legal hurdles. Even in simple cases, the law requires an evicting property owner to strictly comply with numerous legal technicalities; and sometimes the court will assert itself in order to persuade the evicting property owner to accept less than he or she had hoped for.

Were you aware that eviction proceedings are placed on an expedited calendar and eviction trials can occur as soon as one week after the first court hearing?
Having an attorney with a specialty in evictions is imperative due to the fact that the court procedure for an eviction differs significantly from general civil proceedings, such as personal injury, employment, or breach-of-contract cases. Using an attorney experienced with evictions can result in both lower attorney expenses as well as a quicker resolution. Additionally, an experienced attorney can better anticipate and avoid problems that are impossible for others to foresee.

Did you know that the law provides for expedited procedures for performing an eviction when the occupant is causing a nuisance or is engaged in illegal activity?
Property owners are often frustrated at the fact that it may take several weeks to evict an unlawful occupant. However, in instances where the occupant is causing damage or creating a nuisance, the law provides an alternate procedure in which that occupant can be evicted in as little as a week.

Were you aware that a verbal lease is recognized in Minnesota which can cause evidentiary issues in ascertaining the terms of the lease?
Verbal leases can be problematic because any dispute regarding the terms can become a “he says/she says” situation where it is difficult for a judge or referee to decide which party is correct. A property owners needs to be careful regarding oral agreements with occupants; or even about creating the impression of an oral agreement.

Did you know that the statutory requirements for serving an eviction summons and complaint must be followed strictly in order for the Court to hear the eviction without dismissing the case or continuing the hearing based on a technical defect?
When property owners attempt to perform an eviction without legal representation, it is very common for them to fail on their first attempt due to problems with serving the summons and complaint. The procedure for doing so is technical. Additionally, the Minnesota Court of Appeals recently ruled that those technical requirements must be followed exactly. Parties who fail to adhere to the correct procedure will have their case dismissed. The result is that they must re-file it, pay a new filing fee, and wait longer to recover the premises.

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