Unlawful Detainer

by on

If you’re a landord and you’re trying to evict a tenant, call or log on to RepresentYou.com we can provide you with a lawyer to help you get rid of a problem tenant. An unlawful detainer action can also be known as an eviction. If you’re trying to evict someone such as a problem tenant or a tenant who wont pay rent, you can speak to an unlawful detainer lawyer. Unlawful detainer lawyers can give people going through the eviction process help. At RepresentYou.com, we can offer you an unlawful detainer lawyer who has 20 years of experience, no disciplinary action, and insurance.

If you have been served with an unlawful detainer by your landlord you can hire a lawyer. It is hard to stop a landlord who is in some cases very wealthy and have the means to fight an unlawful detainer action. If you have representation it can increase you chances of having a favorable outcome involving your unlawful detainer action.

Unlawful Detainer Lawyers

RepresentYou.com can potentially refer you to a lawyer who can handle residential, industrial and commercial unlawful detainer actions (evictions) if you’re a tenant who is being evicted a unlawful detainer attorney can handle all legal documents, evaluate many legal issues, and deal with your landlord.  You can find a lawyer to takes special care of your actions and makes sure your unlawful detainer is handled properly.

What is an Unlawful Detainer?

The act of retaining possession of property without legal right.”

The term unlawful detainer ordinarily refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. Typically, the landlord wishes to evict the tenant for not paying the rent or for endangering the safety of the other tenants or the landlord’s property.

Under Common Law a landlord was personally permitted to enter and remove a tenant by force for nonpayment or violation of the lease. U.S. state laws, however, require a landlord to file what is called an unlawful detainer action in a court of law. To satisfy the due process rights guaranteed to the tenant by the Fifth Amendment to the U.S. Constitution, the landlord must strictly follow the statutory procedures, or the tenant can challenge the unlawful detainer proceedings on technicalities and force the landlord to start over again.

Each state has its own type of unlawful detainer proceeding. In Minnesota, for example, the landlord must show cause (have a legitimate reason) to bring such an action. According to Minnesota law, legitimate reasons include the tenant’s nonpayment of rent, other breach of the lease, or refusal to leave after notice to vacate has been properly served and the tenancy’s last day has passed (Minn. Stat. § 566.03 [1992]).

Both landlords and tenants must take a number of steps in an unlawful detainer action. In Minnesota, for example, the landlord must file a complaint against the tenant in district court. The landlord must then serve the tenant with a summons (at least seven days before the court date) ordering the tenant to appear in court (Minn. Stat. § 566.05). Within seven to fourteen days after the summons is issued, a court hearing takes place, and both the tenant and the landlord are asked to give their sides of the story (Minn. Stat. § 566.05). The judge then delivers a decision. If the judge decides that the tenant has no legal reason for refusing to leave or pay the rent, the judge orders the tenant to vacate and, if necessary, orders the sheriff to force the tenant out.

If the tenant can show that immediate eviction will cause substantial hardship, however, the court may give the tenant up to one week in which to move. A delay based on hardship is not available if the tenant is causing a Nuisance or seriously endangering the safety of other residents, their property, or the landlord’s property (Minn. Stat. § 566.09, subd. 1).

If a tenant has paid the landlord or the court the amount of rent owed, but is unable to pay the interest, costs, and attorney’s fees, the court may issue a writ of restitution that permits the tenant to pay these amounts during the period the court delays issuing an eviction order (Minn. Stat. § 504.02, subd. 1). If the unlawful detainer action was brought because the tenant had not paid the rent, and the landlord prevails, the tenant may pay the back rent plus costs and still remain in possession of the unit, provided payment is made before possession of the rental unit is delivered to the landlord. If the action was brought because the tenant withheld the rent due to disrepair, and the tenant prevails, the judge may order that the rent be abated (reduced) in part or completely.

Only a sheriff or sheriff’s deputy can physically evict a tenant. The tenant must be given notice that an eviction order has been issued. Most states give the tenant at least twenty-four hours’ notice before the sheriff arrives to perform the actual eviction.


Evict a Tenant Now!

RepresentYou.com can potentially refer you to a lawyer who has experience with unlawful detainer actions and dealing with problem tenants. An unlawful detainer action can also be known as an eviction. RepresentYou.com is a State Bar of California-certified lawyer Referral Service. If you believe you have a unlawful detainer issue that may require the assistance of an attorney, RepresentYou.com is a good place to start. You can contact us online or by phone to submit your brief case summary. If we are able to assist you in your matter, RepresentYou.com can refer you to a land lord tenant lawyer who has experience with unlawful detainer actions to discuss your case and possibly represent you. If we cannot assist you in your specific legal matter, we may provide you with the names of other bar association-sponsored organizations, referral services or other information that may be of assistance to find a lawyer.

Unlawful Detainer
  • 5 5 1
5.00 avg. rating (100% score)

DISCLAIMER: The information contained in this web site is provided to you "as is", does not constitute legal advice, is governed by our Terms Of Use, and does not create an attorney/client relationship nor is it intended to be anything other than the opinion of the author. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. We strongly recommend you consult an attorney if you want professional assurance that the information, and your interpretation of it, is appropriate to your particular situation.

*"One Billion Dollars In Verdicts and Settlements" Over the course of their individual careers, our panel member attorneys have collectively won over 1 billion dollars in verdicts and settlements for their clients. This does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

**"No Win, No Fee" - Excludes all cases except personal injury cases. Personal injury cases are handled on a contingency fee basis. RepresentYou.com panel member attorneys may be able to take other cases on a contingency fee basis, however, as specific legal matters may vary, certain cases may require hourly fees.

*The referral is free not the attorney.