Evicting Tenants from Residential Property
How Do I Remove a Tenant?
While every landlord hopes that this is a question they never have to ask, this question is becoming all too common. This has becoming increasingly true during the Covid-19 pandemic and resulting executive orders that have limited evictions for nonpayment of rent. Fortunately, the answer to this question is relatively straightforward.
Landlords cannot remove tenants by themselves, or at all, without a court order. In order to remove a tenant, landlords must bring an eviction case in district court. This eviction proceeding (also known as an unlawful detainer action) must be brought for a legitimate reason, and these reasons have been narrowed during the Covid-19 pandemic.
Eviction Procedures
If the landlord has a valid reason for eviction, there are still a number of steps that landlords must take in order to begin the eviction process. The landlord must prepare an eviction complaint - a document that lays out the reasons for the eviction. While this is not a complicated document, it is highly important that the complaint is prepared correctly. If the complaint is not prepared according to Minnesota law, the court may reject it altogether.
After the complaint is prepared, it must be filed in court and served on the tenant, along with another document known as a Summons. Service requirements for eviction proceedings are some of the most complex of all court case types, and failure to properly serve usually results in the court dismissing the case altogether.
After the documents have been prepared and properly served, the court will hold a hearing or trial within seven to fourteen days. At the trial, the landlord must prove the allegations in the complaint. This means that the landlord must establish through evidence and testimony that there is a valid reason for which the court can order the tenant to leave.
After the hearing, the judge will make a decision. If the judge sides with the landlord, the judge will order that the tenant leave the residence. The judge can order the sheriff to carry out that order and remove the tenant by force, if necessary.
This entire process usually takes between two and four weeks, and can hold a variety of pitfalls for landlords. Judges require landlords to strictly follow the legal requirements in eviction cases, and if the landlord fails to follow each requirement, their case may be dismissed. It is important for landlords to consult with an experienced Minnesota eviction attorney prior to filing an eviction case in order to avoid common pitfalls.
The landlord/tenant attorneys at RAM Law PLLC are experienced in handling complex eviction matters and have been highly successful in navigating the additional complexities of evictions during the Covid-19 pandemic. Contact the eviction attorneys at RAM Law PLLC to schedule your free consultation.