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Burns & Hansen, PA

What rights do I have during an eviction dispute?

The threat of eviction can be incredibly intimidating for a Minneapolis tenant. Eviction is the process by which a renter is forced out of his home by the landlord or property manager responsible for his lease. In order for an eviction to be carried out, a number of conditions must first be met.

An eviction usually begins with a renter or lease dispute. A landlord may make a claim that a renter violated a term of the rental agreement or in some way failed to uphold his side of the lease contract. When such a breach is issued, the landlord must issue notice to the renter of the problem and his intent to evict.

Depending on exactly where the leased property is located, a landlord may choose to or may be required to give a tenant a chance to fix the problem prior to eviction. In the cases of late rent payments, a landlord may give the tenant a few business days to remedy the issue before commencing the eviction. Tenants facing eviction based on late rent payments may look to their lease agreements and local laws to see if a grace period is applicable in their cases.

If a landlord follows all of the necessary steps to filing a notice of eviction, it is then on the renter to respond and act. A tenant may choose to leave the premises or he may choose to fight the notice. In some cases a tenant may be able to show that a landlord also violated the terms of the rental agreement and that the tenant's breach did not justify eviction.

When a tenant remains in the rental property beyond the eviction, a landlord can issue an unlawful detainer action against that individual. However, it can be easier on the parties to resolve their landlord-tenant problems before they reach such drastic levels. Readers of this post may find it a useful place to start investigating their own eviction dispute questions but should not rely on it as specific legal advice.

Source: FindLaw, "Rules for Landlords and Property Managers when Evicting a Tenant," Accessed April 16, 2015

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