Legal Question in Real Estate Law in Minnesota

Business Space Sublease-Not Paying Rent

I am currently subleasing a retail space to someone else who is finishing out my lease term, which runs through May 31, 2008. They are planning on leaving on May 31, 2008. However, they are currently 2 months delinquent in rent. Since I have subleased this space myself, the landlord tells me that I would need to start the eviction process myself. What is the process to do this?


Asked on 3/11/08, 8:52 pm

3 Answers from Attorneys
Joel Hilgendorf Hellmuth & Johnson, PLLC

Re: Business Space Sublease-Not Paying Rent

An eviction requires a lawsuit in district court in the county where the property is located. The relief sought is an order issuing a writ of recovery directing the sheriff to remove the occupants from the premises. You may want to consult an attorney for assistance in this matter.

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Answered on 3/12/08, 7:57 am
David Hellmuth Hellmuth & Johnson, PLLC

Re: Business Space Sublease-Not Paying Rent

You need to commence an eviction action. We can assist you with this process. Please contact me if you need help.

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Answered on 3/12/08, 9:31 am
Scott Dutcher Law Office of Scott M. Dutcher, LLC

Re: Business Space Sublease-Not Paying Rent

You can find forms for eviction actions on the Minnesota courts website:

http://www.mncourts.gov/default.aspx?page=513&category=58#category1

I would, however, recommend using an attorney for any eviction action.

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Answered on 3/12/08, 10:12 am


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