(disclaimer)
The Student Legal
Service offers the following information, subject to the following guidelines:
--don't rely on
any information provided here regarding your specific situation until you
hae consulted with a qualified attorney;
--by participating
here or by sending e-mail, you agree that all information provided is non-confidential
and may be used by a third party;
--participation
in this discussion or the act of sending e-mail does not create an attorny/client
relationship; and
--no attorney /client
relationship is created until you set up an appointment, meet with, and
open a file with University Student Legal Service.
q
Q: What
is an Unlawful Detainer?
A: An Unlawful Detainer
is a court action brought by a landlord to forcibly evict a tenant.
In order to bring this action the landlord must have a valid reason, such
as non-payment of rent, refusal to comply with a proper notice to vacate,
or violation of the lease. The landlord must file a written complaint
in District court and pay a filing fee($132 in Hennepin and Ramsey counties).
the court schedules the matter for a hearing within 7 to 14 days, and issues
a Summons ordering the tenant to appear in court on that date. The tenant
must be personally served with the Unlawful Detailner. If the tenant defaults(fails
to appear at the hearing), an eviction order will be issued, and the tenant
may be assessed the landlord's filing fee. If the tenant appears
at the hearing to contest payment of rent due to repair problems, the tenant
may be required to deposit the rent with the court. If the tenant
prevails, the judge may also order that the rent be abated(reduced).
A Writ of Restitution(eviction order) issued by
the Court is always required before a tenant may be be physically evicted,
whatever the circumstances.
Q: How much freedom does the landlord have in showing the apartment before the tenant vacates?
A: Minnesota law sets limits on a landlord's right to enter rental property. Landlords may enter only for a "reasonable usiness purpose" and only after making a good faith effort to give the tenant reasonable prior notice. This is true regardless of any provisions in the lease to the contrary. Circumstances involving personal safety, damage to property, or violations of law are exempted. Showing the property to prospective tenants is a reasonable business purpose. But the tenant has a right to prior notice each time the landlord enters for this purpose. Sometimes, disputes arise as to what is "reasonable notice" This may depend upon the cirucmstances. For most purposes 24 hours advance notice is considered reasonable. The tenant and landlord may be well-advised to work out a mutually acceptable time schedule for when the apartment could be available for showing. Prior notice may take the form of a note or an answering machine message.
Q: Who has responsiblity fo repair --both major and minor?
A: Minnesota law requires
that a landlord keep the property in reasonable repair, fit for the intended
use, and in compliance with all health and safety codes. These requirements
may not be modified by a provision in the lease. If the tenant agrees
to perform any maintenane he/she must receive compensation, and the agreement
must be confirmed in writing. This includes lawn maintenance and
snow shoveling.