Landlord Lawyers

Serving Central Minnesota From Our Location in St. Cloud

CONTACT US

Eviction Lawyer for Landlords in Minnesota

eviction

When you need to remove a problem renter from your property, a Minnesota eviction lawyer for landlords can ensure the process goes as smoothly as possible. Contact Toepfer at Law to schedule your confidential consultation today.

If you’re a long-time landlord, it shouldn’t be too hard to imagine this scenario:

About six months ago, your tenant signed a one-year lease. Although their first couple rent payments were on time, it wasn’t long before they got behind. At only six months into their lease, they now owe you three months of back rent.

At first you were understanding. You knew they were in a tough financial situation, so you met with them in hopes of finding a solution. You adjusted their rent’s due date to better align with their pay schedule, but that didn’t help. You suggested they sublease the unit and stay with family until they got back on their feet, but they refused.

Now they’re living rent-free on your property, seemingly unbothered by their delinquency.

Here’s the hard truth: Eviction isn’t pleasant for anyone, but sometimes it’s the only option landlords have left. However, it’s not always an easy process, and depending on your specific circumstances, it could even be extremely difficult to achieve.

If you need to remove a renter from your property, you may want to consider hiring one of our experienced eviction lawyers. Although you can pursue eviction without legal representation, partnering with an expert can improve your chances of removing a problem tenant quickly.

Keep reading to learn if you can legally evict your renter, and if so, the specific steps you’ll need to take to complete the Minnesota eviction process.

When Can You Evict a Tenant?

Only specific situations warrant eviction, which means you can’t just remove a tenant from your property because you don’t like them or you regret renting it. According to Minnesota law, landlords must have a legitimate reason to pursue eviction, such as one of the following:

  • Nonpayment of rent. Technically, as soon as the tenant fails to pay rent on the day it is due, a landlord can immediately bring an Eviction Action (a legal proceeding conducted in district court). However, very few landlords take such harsh measures swiftly, as the eviction process can be time-consuming and costly.
  • Breach of lease agreement. When a tenant violates rules outlined in their signed rental agreement, landlords can pursue eviction. Breaches could include actions such as allowing people who are not on the lease to live on the property, excessive noise, destruction of rental property and more.
  • Refusal to leave after the lease has passed. When a renter’s lease is up and they refuse to move out on time, the landlord risks losing money during the next lease cycle and can immediately start eviction proceedings.
  • Illegal activity. When renters allow certain illegal activities to take place on their property, they lose the right to their rental and may be subject to fast eviction. Illegal activities include possession, selling, buying or using of illegal drugs, possession of an illegal firearm, allowing prostitution on the premises and more.

If your circumstance doesn’t involve any of these scenarios, you may not be able to legally pursue a conviction. However, it’s always smart to consult with a lawyer for their opinion.

The Minnesota Eviction Process in 4 Steps

Even when you have grounds for eviction, you cannot attempt to forcibly remove a tenant. You will need to follow these four steps to complete your Eviction Action: 

  1. File a complaint against the tenant in district court. 
  2. At least seven days prior to your court date, have someone serve the tenant with a summons to appear in court. 
  3. Present your side of the story at the court hearing (your tenant will do the same). 
  4. Await the judge’s decision. 

If the judge decides the tenant has no legal reason to refuse to pay rent or leave, they will order the renter to vacate the property and may send law enforcement to help. In situations where immediate eviction could lead to substantial hardship, the judge may delay it for a short period, generally a week. 

When a landlord brings an Eviction Action strictly on the basis of nonpayment and wins the case, the tenant can still pay and stay. In addition to paying past due rent, they may also need to pay interest, an attorney fee and costs of the action (such as a filing fee).

Eviction Lawyers Near Me

You don’t technically need a lawyer to bring an Eviction Action against a tenant, but having one certainly makes the process easier. If you’re in a complex situation and need a renter removed quickly, it never hurts to reach out to an expert. Luckily, the experienced eviction attorneys at Toepfer at Law are ready to help. 

Contact our firm online to schedule your confidential consultation or give us a call at (320) 497-4416 today.

See What Our Clients Have to Say

“Divorce and custody cases are emotional, stressful, and generally quite financially burdensome. Tony really helped me to understand all viewpoints in my case, helped to keep emotions under control, and was able to make quick decisions while in the courtroom. Most of all, his services were reasonable and he helped me to financially plan throughout the process.

He also was able to refine ambiguous language in our documents and filings to ensure they were clear and easily understood by all parties. He really is one of the “good guys” – he will fight for the best interests of the children and isn’t blindly one-sided. You will not go wrong hiring hiring his firm to represent you. I know where I will turn if I need an attorney in the future.”

– Kris H.

After digging through some of my papers, I came across my will and realized it was quite out of date. I delivered my current will to Tony, and we discussed some of the changes I wanted to have made. He advised me on the best way to structure the will and then had it done in no time. He was efficient and not costly. I felt much better knowing that I had things in order in case something were to happen to me. Thank you Tony!

– Eileen T.

Tony responded quickly, and his work was very effective. I would and have recommended him to friends and family.

– David V.

Tony provided excellent service for my legal needs. He explained things thoroughly, was patient with my many questions, and succeeded in delivering the settlement I expected. Thanks, Tony, for your great work!

– Joanne K.

I first met Tony at a networking group and I could immediately tell he had an immense passion for his clients and career. The more I got to know Tony the more I knew he’d be the first people I would call if I ever had any legal questions or concerns. So when it came time to need a lawyer to help with some legal questions, Tony was the obvious choice. His response was quick and thorough and he made all of the legal terminology so easy to understand. Integrity is important in the legal field and Tony is nothing short of that.

– Kelli P.

Contact Us

Toepfer at Law

58 10th Avenue S
Waite Park, Minnesota 56387

Phone(320) 497-4416 Fax(320) 295-7813
CONTACT US Safety Exit