10 Basic rules every Judge must know about Housing court evictions In Minnesota.

1. Corporations must be represented by attorneys: An incorporated landlord must be represented by a licensed attorney when appearing in District Court for an eviction hearing.
2. Service of complaint: Service must occur 7 days before the initial hearing. If party does not voluntarily submit to the jurisdiction of the court, the judge has no authority to assume jurisdiction if the notice or service of process is less than 7 days.
3. Staying execution of the writ-substantial hardship: The court has discretion to extend the time the tenant must move out by up to 7 days.
4. Tenant’s right to redeem possession of the premises: The tenant may at any time before possession has been delivered, redeem the tenancy and be restored to possession by: paying the landlord, or bringing to court the amount of the rent that is in arrears with interest, paying costs of the action, paying attorney’s fee, and performing any other covenants of the lease.
5. Partial payment of rent-waiver of right to evict: In nonpayment of rent cases, since each month creates a new obligation, the landlord waives the right to evict for any month that landlord accepts partial payment of rent.
6. Rent Escrow-when should a judge require a tenant to escrow rent: For nonpayment of rent, nonpayment of rent and breach of lease, and habitability defense.
7. Eviction Trials: Although eviction actions are “summary processes”, they are still District Court cases.
8. Retaliation Defenses: Does not apply to nonpayment of rent cases, or breach of lease actions. This only applies to holdover cases when a landlord attempts to terminate a tenancy by serving a notice to vacate a tenant.
9. Expungement Findings: Allowed if plaintiff’s case is sufficiently without basis in fact or law, this may include lack of jurisdiction over the case.

      10. Equitable Relief: Where a tenant’s ability to assert their rights have been interfered with by the landlord who comes into court with “unclean hands

Do you have a crumby tenant  or situation with a renter? Renters Warehouse can help you evict or through the eviction process. Simply click here to speak with a Renters Warehouse agent about our services.