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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 113509
Experience:  Attorney with over 24 years experience.
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I'm a disabled tenant who lives in Minneapolis, MN. I was

Customer Question

I'm a disabled tenant who lives in Minneapolis, MN. I was served with a 24 hour notice to vacate. I called the Sheriffs office who told me with the holiday I would have until tomorrow at 8am as the earliest they would come. My property manager has been on vacation since she had her lawyer file the writ on Friday 12.30.16. There are issues with the 12.28.16 Court agreement -- their lawyer wrote the rent payment date as 12.29.16 vs what I verbally confirmed with him 12.30.16. I did not learn of this mistake until the property manager came to my door and said "oh I thought you had moved." This error was not a mistake and based on the notes I took, the numerous verbal confirmations and other evidence I have s good case to show I am not lying.
I would like to get an attorney and file an appeal on the agreement and understand I can also file an emergency order to stay the writ of recovery for 7 days noting the appeal was pending and/or my disability/poor health require more time to move out.
The earliest I able to find movers was 01.03.17 or 01.04.17. The Sheriff's Deputy said the landlord could call them to allow me more time to move out. I don't have a lawyer and most law offices are closed today. I don't know if I can get anyone else with the property to approve my request to stay until 01.04.17.
How can I get the nec forms filed today so first thing tomorrow the Court could review, hopefully grant a stay so I'd be protected from the eviction. If I have no choice but to vacate I want it to be like a regular move out and not tossed out unexpectedly by Sheriff.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Ultimately, once you file the emergency motion to stay tomorrow morning, sending a copy of the motion to the sheriff as well as opposing party, you will need to get a local attorney to fight the eviction if you want to do so. As you are disabled and if you cannot afford a local attorney, you can go to legal aid or the local senior citizen center and they have attorneys who can assist you in representation in this type of situation and you should do so.
Here is the MN court forms page for you to get the emergency relief motion and you can also call the court self help center and go to the court first thing in the morning to make sure you filled out the form completely before you file it with the clerk. See: http://www.mncourts.gov/GetForms.aspx?c=23
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Customer: replied 1 month ago.
there's no eFile option? Which form do I fill out on that page? I looked at it before and wasn't sure.
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

The emergency relief motion, which you have to modify to suit your specific situation.

Customer: replied 1 month ago.
I'd file this form -- which asks for more time to move out?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Yes, you file the emergency motion to stay the eviction and in it you need to explain your disability and ask the court for additional time to move out.
Customer: replied 1 month ago.
Does it matter that it's a petition vs motion? So I would Ask the judge to "stay" (delay) the eviction to allow the tenant additional time to leave the property?Then I'd need an attorney to help me have the Court set aside the eviction or file an appeal?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
As I did say above, you will have to modify it to your needs, so it would be modified to say MOTION and you need to insert your own reasons why you are asking the eviction to be delayed, as the things in that document provided may not applied and it is the closest document they have for you to use that is pre printed. This is why I also told you to stop at the self help center to have them review what you have done before you file it tomorrow morning.
Customer: replied 1 month ago.
When I file this form do I have to wait for a hearing or what happens next? What's the timeframe? Do I have to also setup a service to deliver the decision if it's approved to Sheriff and landlord?
Customer: replied 1 month ago.
To ensure I would get the judge to approve is there anything specific I should state about my disability? My physical/mental health is declining rapidly -- it is a terminal situation. The Stress and lack of sleep due to this are causing me have seizures which are life threatening.
Customer: replied 1 month ago.
Are you there? I've never filed Court docs and as I could have the Sherrif coming at the same time i'm filing this could be a problem. The apartment management office is closed today -- so i don't have confirm of extra time. Would I call the Sherif to explain so they hopefully won't be set to come check first thing tomorrow AM?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply. I am here, but please understand we are working with multiple customers at the same time, all of whom deserve the same time as you deserve.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your patience.
When you file you have to send a copy to the landlord's attorney and also to the sheriff to put them on notice you are filing for the emergency stay. Typically he hearing is set by the court either the same day or within 3 days of you filing. The most the judge is going to typically give you is 5 additional days, so when you file you need to start looking for a new place to live as well. This is also why I told you to stop at the court self help desk before you file and also after you file you need to get to the legal aid office so they can assist you with the rest of the process.

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