Unlawful Detainer " Eviction" In Minnesota
If you are a renter, hopefully you'll never be involved in an Unlawful Detainer or as most people know it, an eviction. This is the last resort that a landlord has to legally remove you from the property for failure to meet the terms of the lease. Usually this is brought about by paying rent late or not paying rent at all. Much like a bankruptcy, an Unlawful Detainer or UD is something that you NEVER want to have on your record.
What Is An Unlawful Detainer? This is a legal term for eviction, a landlord cannot legally remove you from the property without filing an unlawful detainer to regain possession of the property. When you sign a lease with a landlord, you agree to take possession of the property based on the conditions of the lease. If you do not meet the conditions of the lease, usually by paying rent late or not at all the unlawful detainer legally gives possession of the property back to the landlord. So without the UD or Eviction, the landlord even while owning the property cannot legally remove you from it.
Why Is An Unlawful Detainer or UD Bad For My Record? In short, the unlawful detainer is a judgment against you and goes on your public record. This record is legally available to anyone who has a need to see it. This can include creditors, other landlords or even your employer. An unlawful detainer reflects badly upon you so anyone needing to make a judgment about you such as an employer, landlord or creditor will see this as a negative aspect.
** Disclaimer, this is not legal advice and I am not an attorney. If you find yourself being evicted or if you are a landlord evicting a tenant in Minnesota you should consult an attorney. **
Is A UD Worse Than A Bankruptcy? In my opinion yes, an eviction on your record is worse than a bankruptcy. Chances are if you have a bankruptcy and bad credit you can get someone to rent you a house or apartment. If you have a Unlawful Detainer on your record most landlords will not rent to you and if you have bad credit you won't be able to buy a home so your housing options become very limited and difficult with a UD on your record.
I Can't Pay My Rent, How Can I Avoid Eviction? In short, talk to your landlord and move as soon as possible. If you cannot pay your rent you've broken your lease and are no longer entitled to possess the property. Moving cures this breach preventing the eviction. With no eviction on your record you should easily be able to find another landlord to rent to you. The key is to avoid the unlawful detainer so moving or paying your rent is the best way to avoid living with a UD on your record.
Unlawful Detainer By Minnesota County
Unlawful Detainer Anoka County
Unlawful Detainer Dakota County
Unlawful Detainer Hennepin County
Unlawful Detainer Ramsey County