Minnesota Landlord Tenant Law Firm
Are you a landlord and have tenants who are not paying? . . do you have tenants who have refused to vacate their apartment after you have given them notice to vacate? Are you a tenant and your landlord is not maintaining your home or apartment in a livable/habitable condition . . is your landlord not maintaining the basic utilities at your home as may be required in your lease agreement? If so, you may need legal representation. Blahnik, Prchal & Stoll represents landlords and tenants in such legal disputes. Our law firm legal handles issues for property owners and their tenants throughout the Twin Cities metro area. To the extent possible, our firm ensure tenants are able to enjoy their rental home in a peaceful and protected manner, while also preserving the profits and equity of landlords who are working hard to perhaps run a successful business or make money off of a second home.
Landlord Tenant Areas of Practice
Our law firm has experience assisting both landlords and tenants in the following types of matters:
drafting and reviewing rental leases
resolving landlord-tenant disputes
evicting irresponsible or nonpaying tenants
fighting unjust evictions
demanding return of security deposits that have been unfairly held
collecting from nonpaying tenants
upholding tenants’ rights against discrimination in frivolous claims
maintaining the integrity and profitability of properties owned by landlords
drafting and reviewing leases with the option to purchase
drafting and reviewing contract for deeds
The Importance of a Solid Lease Agreement
Both landlords and tenants can avoid potential problems by having a well-drafted contract/lease that enumerates all rental terms. The experienced attorneys at Blahnik, Prchal & Stoll discuss the particulars of your property and its occupancy and construct clear, detailed leases that cover all aspects of your rental agreement. When you present a lease to a prospective tenant, you will feel confident that you are in compliance with Minnesota law and that your rights are protected should a dispute arise.
Protecting Tenants’ Rights to Security Deposits
Minnesota law has specific requirements for the usage, retention and return of security deposits. If your landlord fails to follow these strict regulations, the attorneys at Blahnik, Prchal & Stoll can help you collect what is owed to you. Our firm will first attempt the most cost-effective route of demanding payment from your landlord. If and only if necessary, we will pursue a claim in court on your behalf.
Resolving an Eviction Crisis
Eviction is disruptive to both the landlord and the tenant. The landlord must spend the time and money to replace tenants who fall behind on rent, and displaced families must find a new home under traumatic circumstances. With this scenario in mind, our law firm will help resolve disputes when eviction is undesirable. If you are a tenant who unfairly faces eviction, we will protect your right to remain in your home. If you are a landlord whose tenants are engaged in disruptive, illegal or damaging behavior, we will help to protect your property and/or your business.
Minnesota Eviction Laws and Process
In Minnesota, an eviction is a court action in which a landlord asks to recover possession of real estate (house, apartment, etc.) from a tenant. The three most common reasons for filing an eviction are:
nonpayment of rent
the tenant may have the opportunity to redeem the tenancy at any time before possession of the premises has been delivered to landlord by paying past due rents, costs of eviction action, including the court filing fee, and other requirements under the lease.
violation of lease
these clauses in a lease can give the landlord a right to evict the tenant for violating lease provisions like disturbing other tenants, causing damage to property, unauthorized persons living in the home, or unauthorized pets
a landlord may evict, or turn the matter over to the county to evict, a tenant if the tenant engages in or permits illegal activities to occur on the premises or common areas (crimes include prostitution, drug use, use of firearm, or stolen property)
holding over after notice to vacate
a holdover tenant is one whose lease has expired, or where proper notice to vacate has been given but the tenant remains in the rental unit without landlord’s consent.
A landlord commences an eviction by serving a summons and complaint on the tenant. A complaint must be filed with the court and the landlord must show that he or she gave specific notices to tenant as required by Minnesota law.
If the landlord prevails at court trial, a Writ of Recovery of Premises and Order to Vacate may be requested by the landlord for a fee. The sheriff will then serve the Notice upon the tenant and the tenant will have 24 hours to vacate. The time to vacate could be extended up to 7 days upon a showing by the tenant that immediate vacation of the premises would impose a substantial hardship.
Recovery for Unpaid Rent in Minnesota
Tenants are responsible for paying rent through the lease period even if the tenant moves out prior to the termination of the period in the lease. Landlords can deduct unpaid rent from the security deposit pursuant to Minnesota law or bring a claim in district court or conciliation court for the amount of unpaid rent. It is generally advisable to bring the action in conciliation court, since the process is more streamlined and involves less court fees.
Obtain Legal Advice or Representation in your Landlord Tenant Matter
Contact Blahnik, Prchal & Stoll if you have any questions regarding your rights as a landlord or your rights as a tenant, or whether you need legal representation in drafting a lease, or as part of an eviction proceeding. Our law firm regularly represents individuals in eviction proceedings and other landlord tenant disputes.