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Burns & Hansen, PA

What are the legal procedures in an eviction dispute?

When a landlord and a tenant are in the midst of a dispute over whether or not the tenant should be allowed to stay in the property based on a violation, an expiration of the agreement or some other issue, the landlord might try to begin eviction procedures. While the term "eviction" might sound simple enough, there are laws in Minnesota that govern how this must be handled. The landlord and the tenant have to be aware of the procedures for an eviction in any lease dispute.

Landlords and tenants must follow certain procedures when there is an eviction action. The landlord is required to file a complaint in district court. A minimum of seven days prior to the date in court, the landlord is required to have another person serve the tenant with the summons to order the tenant's appearance. Next, the court hearing has to take place seven to 14 days after the summons has been issued. When the hearing is held, each side will have to present their case.

The judge will make a decision. In the event that the judge determines that the tenant does not have a legal right to refuse to leave or make the required payments to remain, there will be an order for the tenant to leave the property. In some instances, the tenant refuses to leave and law enforcement will be asked to remove the tenant. A tenant might be able to show that there is hardship caused by the eviction. If this is the case, then the court will give the tenant time - as much as one week - to leave. If the tenant is causing problems on the property or placing others in danger, no hardship waiver can be requested.

Landlord-tenant relationships can be complicated and there can be a number of reasons why the landlord might want to evict the tenant. It is important that the state has these laws to protect both sides. If there is an eviction dispute, it is imperative that those involved have a full understanding of the procedures that oversee how an eviction proceeds.

Source: ag.state.mn.us, "Landlords and Tenants: Rights and Responsibilities -- Eviction Procedures," accessed on March 22, 2016

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