Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Can i appeal an eviction notice in MN?
Find answers to your legal question.





Can i appeal an eviction notice in MN?



    




Rick S
Rating
Yes you can and it will give you alittle more time to find a new place


jackbutler5555
You can appeal an eviction. Look at the sections of the law below beginning with No. 566.11


maravichi
you can appeal anything but it might be more productive to honor your obligations to your lease unless you feel the landlord is in violation of it


Ralph T
It varies from state to state and there are federal laws that kick in to. Generally a landlord has to give you 30 days notice to move out.
You are not required to pay rent during the eviction. The land lord has to go to court to get an eviction order.
When you do finally move out,make sure the place is clean and there is no damage to the place and take pictures as proof of the condition when you left. This is in case the landlord tries to keep your security deposit (if you paid one) because the place was trashed before you left.
You will need to check with an attorney or consumer affairs office. Some times it may take several months to get a person evicted and they live there rent free.
You may be able to appeal,it may also depend on the grounds for the eviction.


sjersee
Rating
The best it will do is buy you some time to find another place. You wouldn't want to stay there anyway.


Jeffrey V
Under real property law a landlord has to follow very specific guidelines in order to evict a tenant. Usually, the first step is to
serve the tenant with a so called "Pay or Quit" notice, which is usually given when the tenant is delinquent on rent. If the tenant does not comply, the landlord can then file an action called an
unlawful detainer, which basically asserts that the tenant is unlawfully occupying the unit after their period of tenancy has ended. Now, after the unlawful detainer is heard, the court will, if it rules for the landlord issue a document called a writ of ejectment, and five dayx after that the landlord can remove the tenant by force if need be.
All that being said, some things that a landlord may NOT do are change the locks, remove the doors or windows, cut off the lights or the heat, or any other similar action intended to recover posession of the unit. The landlord also may not evict a tenant in a manner that could be construed as retaliatory. Now, dont confuse that with a Tort called Eviction by Construction of Law.
What that is, if the unit has a defect that breaches the so called warrant of habitability, (broken window, holes in the exterior walls
no working heat, lights or plumbing) where the landlord has actual notice for 90 days and fails to act to correct the situation the tenant may sue under the above cause and recover up to $1000 in damages from the landlord to relocate.
Finally, an appeal is generally only possible where there is some reversible error by the court. So, unless the record will support that claim, my answer would be no. Your best chance is to either work something out with the landlord before the hearing, or contest the eviction at the hearing. Sometimes an injunction can be obtained, in cases where an eviction would be retaliatory or where it would constitute an undue hardship, so there are a couple of options there.


molly
yes


Abby
If you have an eviction against you it is well deserve! Some people do not know the legal process that the landlord has to go through with parasites like you that are just milking the system. Go to work! so you can pay your bills.


SERIOUS1
yes seek local government for forms and time limits for a court
date


The One
yes


Paul
Rating
Yes. You certainly have the right to try, after all they are doing it to you. We are all equal under the law until proven quilty. Go for it...


George K
Rating
Yes,but why.If you can't pay your rent.You need to find another place to hang out.


boatworker
No. If you were appealing, you wouldn't be getting evicted


ryladie99
Yes,and you have to have a better case. Good luck.


husemanw
Rating
Yes, if you're Scandinavian.


jy9900
Rating
Yes. you can appeal anything. whether or not you are successful (and you probably wont be) is another thing.


david_strickland31
Rating
yes you can.
but you have some legal guidelines for doing so.
you need to have /rent receipts/copy of rent agreement
and by law they have to give you 30 days upon receipt of evioction notice.
and the owner cannot come into your home while you are away. with out your permission.
and he has to have reasonable grounds for eviction. and he has to tell you either in writing or in person.


gramcracker541
yes, go for it.


tranquilardor
yes,

only a court can evict you, a landlord cannot just tell you to leave, and I'm pretty sure you can appeal almost anything.

http://realestate.findlaw.com/landlord/landlord-eviction/tenant-eviction-faq.html


shuggabhugga05
An eviction hearing will be a civil matter, it will be you and the landlord whom is taking you to court. Now you can hire an attorney if you want to but in most cases the Judge will listen to your side then the one whom filed the eviction.Have your evidence ready because the judge will ask for it. The more you have the better. To be honest with you and I live in Il. I have never heard of anyone appealing an eviction but I imagine you can.You will have your 1st hearing and if you want to present more evidence or need an attorney the Judge will usually grant you a continuence.You can also countersuit on the landlord or the person whom is taking you to court for any damages that he has caused you and also pain and suffering if need be. But remember that usually in a civil matter the judge will grant only 3/5 thousand at the max. Good luck!


Jim S
Rating
yes


art_raiders
Rating
Yes, you can appeal. Winning a different issue, I hope you paid your rent and read your rental agreement


vjswe1
Rating
You can absolutely appeal it. Depending on why you are being evicted will depend on how much time you will be given to move out. I was being evicted because my landlord was selling the house I did not take the plea bargain that they offered me with the mediator which was for only 1 month. I went infront of the judge and got 6 months. I have children I was not a bad tenant and had proof of paying rent which all worked in my favor.


4ever
Rating
go to the curt and tell them you would like to do a order to show course that will give you time to get your self to gether


MRS A R
Rating
yes


cprucka
Rating
yes, you can appeal anything in this country. Haven't you been watching the news? You can appeal anything, ask O.J. Simpson.


michael f
yes u better hurry


zart
Why r u being evicted? If u r not paying the rent I would say yes, If you are having $ problems there is all kinds of help available. The Landlord depends on rent $ to pay their bills. They have to pay the taxes, insurance, and upkeep, every month. If they are shorted in rent it comes out of their pocket. Think of someone else other than yourself.


Ex Air Force/Navy
Rating
One can do anything but is it worth it?


sugarsnax14
No--you can't appeal a notice. If it goes to court and a ruling is made--either by a judge or an administrative board, it is appealable. The notice itself should explain the process in your state or have a number to call.


nancy o
yes





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 What punishment should a convict get for killing a 9 month pregnant women?
http://en.wikipedia.org/...


 What punishment do you think rapists should get?
What country r u from and what punishment do they get in your country? Do you think its too leneant? If yes, what do you think they should get? I personally think they should be castrated.. Then put ...


 Ok... is it illegal to marry someone when there is a 27 year difference?
ok also: do not ask me what age we are because it does not matter... i am simply asking if it is illegal or legal
Additional Details
ok i am only 13 now and its a celebrity haha but im DE...


 If someone steals money from an unlocked drawer is that a crime?
I stay in a dorm. I have a roommate, I do not know him. We have seperate rooms, almost like an apartment but no doors leading into the bedrooms.

One day I had gone out to class for most ...


 Do you think states should have the right to stop people from smoking in their own homes and vehicles ??
I can understand in a public place and all but this is a question for smokers and non-smokers because if your telling someone that you cannot smoke in your own home then why not tell someone that ...


 If you heard a noisy couple in your apt complex fighting and arguing..should you...?
stay out of their business or decide to intervine (call cops) because you think there might have been violence/abuse included. Just curious. Thanks for your answers.
Additional Details
I...


 Are You For Or Against The Death Penalty? ?
Im doing a class project and needed to get some answers to this question by a few anonymous people. Please explain why your for or against it. :)...


 Should all alcoholic drink be banned in the UK until we can sort out the under age drinking issue ?
I believe that the care and welfare of our children should come before any other concern for peoples right to have a drink.
Additional Details
I wish people would read the question ...


 What do you think this sign mean?
There was a sign we saw and just couldn't figure out what it meant, we were going to park there for a baseball game, but decided not to risk it. The sign said:

No Parking (it was ...


 A speed camera caught me doing 63mph through a 30 zone, I hate speed cameras, shouldn't they be banned?
I was late for work, I needed to go that fast
This country is turning into a police ...


 What would you do if you were being held up?...?
A criminal says" GIVE ME YOUR WALLET"!, it is midnight no one around,no place to run,the attacker has a large knife,you are carrying a legal concealed weapon.What do you do?
A...


 How is it to live in a country with a president who makes such a mess of the world?
---Which country?
everybody knows!-----america!...


 Y should pakis be allowed to wear viels in our god dam country?
...


 Why isn't there a law that allows us to kill stupid people?
Because I would have a field day doing it!!
Additional Details
Jeez, some of you people need a SENSE OF HUMOR!!!...


 13...Target...shoplifting...
I was at a Target store in Orland Park ILL. I live in Chicago, Illinois. I took 3 pairs of party earrings and i was asked to come to the back and empty my pockets. My Beloved grandmother, (who ...


 Is it a crime to to put down money for an alcoholic product on the counter and walk away, if underage.?
Example:
Bottle of alcohol $15.00
You put down 20 on the counter, walk away with bottle of alcohol, and are underage....


 What is your view on execution?
I think that anyone that goes to prison for murder should be sentenced to death. But not by expensive electric chairs and needles with injection fluid that costs thousands of dollars. By a bullet or ...


 My girlfriend has threatened to get a restraining order against me if I tell her Dad she is on Crystal Meth?
My drug addict girlfriend ( I just found out last week) has threatened to get a restraining order on me if I reveal to her father that she is addicted to crystal meth. Everyone I talked to says I ...


 Why do people think i am evil because i smoke.?
I want to thank all the people who answered my question on smoking ban, I am stll the same person i don't smoke where other people are i smoke in my car or home i hurt no one but myself, but ...


 Twelve year old boy, kills grandparents, sentenced to thirty years in prison. Thoughts?
Do you think that he should have been tried as a minor? He shot both of his grandparents with a shotgun as they slept, and then set fire to the house. The story is on Yahoos main page.

W...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084