We will help you notify tenants of eviction actions
Evicting tenants is quite unpleasant but such a procedure will become necessary on occasions
1. Upon receiving the eviction summons, we attempt service twice on different days at different times – one being after 6 pm.
2. If no contact can be made with your tenant, the plaintiff will mail a copy of the documents to the party and complete an Affidavit of Mailing.
3. We will deliver an Affidavit of Not Found and the Affidavit of Service by Mail with the appropriate court.
4. A process server will post all of the necessary documents in a visible place at your tenant’s residence.
5. After these steps are completed, we will then deliver the Affidavit of Posting with the appropriate court.
Reasons for Tenant Eviction
Tenants have rights protected by law and as a landlord, you need to be familiar with the limitations and the possibilities. Several common problems necessitate tenant eviction. Nonpayment of rent is the most typical issue that landlords are forced to deal with.
You can easily file an eviction action against the tenant. Keep in mind that the individuals living on your property have the right to stop the eviction process. To do so, they will need to pay the rent that is due and the costs of the eviction action.
You also have the right to file an eviction if the tenant remains in the property after getting an official notice to vacate the house or apartment. In this instance, you have a holdover tenant and you can work with legal professionals on getting that individual out of the property.
The final reason for tenant eviction involves lease violations. This is the broadest category and it gives you the right to evict tenants because of behavior that is disturbing to other residents of the building, property damage, having unauthorized pets, use of unlawful substances in the premises and any other criminal activity.
Download Minnesota Housing Court forms.
The Eviction Process – Why Process Service is Critically Important
You need to serve the tenants with all of the necessary documents to move forward with the process. Relying on an experienced attorney and process-server will make the task easier for you. For a start, you will have to file the complaint that should be signed by both you and your attorney. Next, you need to get a summons from the court. The court issues the summons that informs the defendant about the legal action.
A summons should be served to the tenant at least seven days before the court date. Serving the summons and the complaint to the tenant can happen in several ways. Using an experienced Minnesota process-server is the best way for completing the procedure in accordance with all local regulations. Professional process servers can handle problematic defendants like a tenant being out of the country or a person that avoids the landlord. If you are dealing with such a difficult tenant, reliance on a professional in the field becomes mandatory.
Other Methods of Serving the Summons
You have several other possibilities for serving the summons and the complaint. These options, however, should be used solely as a last-resort measure. Mailing the documents and getting a receipt is not advisable because it requires too much time to be completed. The procedure will be considered completed solely if the defendant fills in an acknowledgment form and mails that document back to the landlord. Many tenants, however, will be uncooperative under the circumstances. Certified mail is allowed in the case of unlawful detainer action.
The landlord will have to serve the tenant with a Notice of Belief of Abandonment. In return, the tenant will have to serve the landlord with a Notice of Intent not to Abandon. You see that all alternative options require more time and come with complexities of their own. Working with an experienced process server will also be advisable when dealing with difficult or confrontational tenants.
Strict Compliance Required for Serving Eviction Summons
Evictions; What is the Law? In Koski v. Johnson, the Minnesota Court of Appeals recently held that service of an eviction summons must strictly comply with Minn. Stat. § 504B.331(d)(2). Read more. Article by Twin Cities Attorneys / Ryan Dreyer and Eric Nasstrom.