Minnesota Defenses to Eviction

In Minnesota, a large portion of the population rents housing. Whether they rent a house, apartment, or other form of housing, this means that they are obligated to pay rent to a landlord in order to continue living in their home. Unfortunately, the relationship between the landlord and tenant does not always go perfectly. In many such cases, the landlord may try to evict their tenant and remove the tenant from the property. If you are facing such a situation, it is important to know how to defend yourself from an eviction. Below are several common defenses that may be applicable in your case.

Service

One of the most complex pieces of an eviction that many landlords get wrong is service. Service basically means that the landlord must give their tenants court papers in a specific way. If the landlord does not follow the correct procedure for giving the tenant the court papers, the tenant may ask for the case to be dismissed. Additionally, the landlord must file an affidavit of service with the court that details how the tenant was served. If this does not meet the requirements of Minnesota law, the case may be dismissed.

The landlord must follow specific steps in order to serve the tenant with court papers. First, they must attempt to serve the tenant in person. There must be multiple attempts at service and at least one attempt must be between 6 pm and 10 pm. If the tenant is unable to be found, the landlord must file additional paperwork with the court, mail court papers to the tenant’s last known address, and post the documents on the tenant’s door. These papers must be served on the tenant at least 7 days before the hearing. If the landlord fails to follow these service rules, the tenant can ask for the case to be dismissed.

Nonpayment of Rent

If a tenant is being evicted because they failed to pay rent, there are several ways they may defend themselves. First, the late fees charged by the landlord may not be correct. In Minnesota, landlords may not charge late fees that are over 8% of the amount of unpaid rent. Additionally, if there are repair problems with the home, the tenant may ask the court to lower rent. However, in order to assert repair issues as a defense, the tenant must show the court that the landlord knew about the problems and the tenant should bring all past due rent to court at that time. Lastly, if the tenant pays the past due rent prior to the hearing, the eviction may be dismissed.

Move Out Notice

In order to end the lease, the landlord must send the tenant written notice. The notice must be given in writing and must be provided to the tenant in advance as provided by Minnesota law. The lease agreement generally states how much time is proper notice. However, if the lease agreement does not provide that detail, the landlord must provide notice at least a month prior to the move out date. Additionally, the tenant may have a defense against the eviction if the landlord has provided move out notice that is retaliatory.

An eviction is a serious legal matter that can significantly impact you and your family. If you are involved in eviction proceedings, it is important to speak with a Minnesota eviction attorney to determine the best strategy for your case. Call the eviction attorneys at RAM Law PLLC for a free consultation about your case.