Legal Question in Real Estate Law in Minnesota

Can a tenant be evicted for destruction of property? And what is the process?

Tenant is consistently late with rent, but eventually pays. There have been several police visits for domestic violence, and the man can no longer live there because of police orders. Neighbors called to say that the woman has not been seen letting the dog out in days. Tenant won't answer phone, and doesn't call back. Went to the house, nobody home, but can see through the window that the dog is kenneled in the house. Many windows are broken. The smell of urine and feces can be detected through the broken windows. The door locks have been changed without permission. Garage is 1/4 full of garbage. Screen door hinges are broken and screen is out. There is a shattered mirror in the living room. The Utilities company called 2 weeks ago to say that electricity and gas was shut off. They owe over $900 in utilities, so there's not much chance it will be turned back on any time soon. She has small children.

I really need to get these people out of my rental house immediately before any more damage is done. From what I've read, we have to file a complaint with the court, have her served, wait 7-14 days for a court date, then hope the judge agrees that they can be evicted. Is that about right, or is there anything else that can be done?

Asked on 8/17/13, 9:18 am

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC
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Hello. I urge you to have attorney assistance so that you yourself carefully abide by all applicable laws and do not create an issue of you violating law in any regard. If you are in a somewhat remote area, know that it is possible for you to form an agreement with any Minnesota licensed attorney for legal assistance. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Tricia Dwyer, Esq.

Phone: 612-296-9666



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Answered on 8/17/13, 9:40 am

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