Brainerd MN Landlord and Tenant Legal Issues
“As an attorney and a rental property owner, I am uniquely qualified to help you resolve resolve your Landlord/Tenant issues. This includes defending against or pursuing evictions, property damage judgments, and other disputes.”
-Attorney Edward R Shaw
I am having trouble with my landlord or tenant; what should I do?
The law has very clear rules for landlords and tenants that cover all rental situations even when there is no written lease. If these rules are not followed there can be serious consequences including civil penalties, and in some cases, criminal penalties against landlords or tenants who do not follow the rules. Property rentals are a serious business and one should not rent property without knowing the rules ahead of time. If you are involved in an eviction or are considering becoming involved in an eviction, have concerns about tenant behavior or landlord maintenance of the property, or have other issues, you should get legal advice before taking any action on your own.
I am a landlord and my tenant has not paid rent in 3 months. Can I just go to the property and kick them out?
You cannot do that in any circumstances without the approval of the court. If you remove a tenant without court approval, you can and probably will be charged with a crime. An eviction will need to be filed with the court in order to remove the tenant. Ed Shaw Law provides efficient and fast eviction filing and representation.
I am a tenant and my landlord does not make any repairs to my home; Can I just stop paying rent?
If you just do not pay rent and do not take any other action there is a good chance that you will be evicted. There is a procedure for placing rent in escrow until the landlord makes repairs, but certain rules must be followed.
I want to leave anyway; why should I care if my landlord evicts me?
Because an eviction goes on your permanent record, which will make it very hard to rent another house or apartment. It is very important to avoid having an eviction on your record if at all possible.
If you need assistance with these issues, or any others involving a rental property, please call or email for help.
I have tried to make this guide helpful for anyone having Landlord/Tenant issues, but the rules in my profession require that I tell you that this guide is not a substitute for an attorney or professional legal advice. Every individual situation is different and how the rules in this guide will apply to your situation may vary. You should receive competent legal advice from our office before making any legal decisions.