how to: eviction attorney

Question

wondering how to find the best eviction attorney in the area.  i googled for the best in area. I am not sure if tenant eviction attorney are all the same or one just specialize in lease commercial or residential.

Tim Swierczek · Answer

I agree with @Deanna McCormick with one further point.  Some counties require if you are an LLC or corporation that your eviction is done by an attorney.  Note, there is an exemption for the owner of the corp or LLC, but this exemption does not apply in Hennepin or Ramsey County.

http://www.mncourts.gov/Help-Topics/Civil-Actions....

A corporation or LLC must be represented by an attorney in District Court, which includes having an attorney sign court papers on behalf of the client corporation or LLC. Except:For cases limited to the Hennepin or Ramsey County Housing Court, Rule 603 of the MN General Rules of Practice may allow a principal (or agent) of the corporation or LLC to sign court papers or appear in court on behalf of the business entity. You should get legal advice if you have questions about this issue in your case.

Deanna McCormick · Answer

Honestly, I've managed rentals in MN for my parents for over 35 years and now they are mine.

I've never used a eviction attorney, just did it myself and in MN fairly easy. I'd suggest going to a housing court session in  your jurisdiction, to see how things are done, just call your court house and find out when housing court is in session.. in 2 hours you'll see first hand how easy it is .

Use the MN MMHA lease for your properties available online from MMHA Minnesota Multi Housing Association. You can buy a copy MN landlord tenant laws copy from them it's in a great binder or go online and print off.

A attorney that probably does real estate law would be where I'd start first but I'd invest a couple of bucks with the forms you need at mmha first.

I managed a 326 unit apt building and did all the evictions for them, its basically simple once you've done one, you will be used to the format and if a 326 unit building let me do their evictions it was because a attorney would have been a waste of money.

Thos. A. · Answer

If you're  an LLC or corp, beware of representing yourself. Judges in non-metro counties are now using an obscure 2015 court case/precedent involving a large out of state Trust renting to a Section 8 tenant (who won based on some federal violation). Judges consider this precedent their license to rule against the owner of an LLC, even a small flow-through SMLLC, representing him/herself. I've had this happen to me EVEN if the tenants doesn't show, or ask about it. Judges feel it's their role to advocate for tenants, even the ones who know they didn't pay and don't bother to show up. And it's getting worse. I've had this happen in three outstate counties now. I have a whole legal argument about why this precedent doesn't apply, with supporting case history, but of course no judge--even the ones who don't follow the statutes themselves when ruling (happens a lot)--want a lesson or lecture in law from a layman like me. They're the experts...and have the power.

I'm in the process of writing and asking my state legislators to extend Housing Court Rule 603 statewide; it seems very logical. If you agree, please contact your own rep, and simply ask that "Housing Court Rule 603, allowing small landlords using LLCs to represent themselves, be extended statewide. It's only fair that all small-business owning Minnesotans should have access to the same rules." Thanks.

Jesse Bryant · Answer

@Deanna McCormick I been looking into MMHA and reading up on the MN landlord tenant laws.  I will have to spend some time at the court house and see the process in action.  thank you for u feedback!

Patti Robertson · Answer

Go to your local REIA or landlord club and find out who the members are using.

how to: eviction attorney

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