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Evict. Minnesota. Maitenance, help interpret the law

Customer Question
Yes Lawyer's Assistant: OK...

Yes

Lawyer's Assistant: OK. As the Landlord-Tenant Lawyer's Assistant I have a few questions for you. What state is the property located in? And has anyone consulted a local attorney about this?

Minnesota

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes maitenance, help interpret the law

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
10/5/2017
Lawyer: barristerinky, Attorney replied 8 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,132
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If you can post your legal question and some of the back story about what is going on, I should be able to help..

.

.

thanks

Barrister

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Customer reply replied 8 months ago
I am willing to pay more. I would rather text or email chat. I need some answer and guidance. I was unable to go to court due to a required medical appointment that was submitted to the court. The eviction judgement was a failure to vacate premise. Judgement was entered on 9/14/17 and I file a notice of appeal on 9/14/17. The sheriff gave me a 24-hour notice and I submitted in advance the notice of filing and courts of appeal order. The sheriff told me has every right to remove me. I filed another motion to stay. He stated he can evict me based mn statue subdivision 7 appeal eviction. My landlord stated we had a one year lease, when we signed a two-year lease was never giving a copy of the lease. There are emails confirming that she and her husband will cover hoa for two years and confirming the two-year lease before the actual meeting. She had a conversation with my husband and me. She had a conversation with my dad. The sheriff and Prosecuting attorney stated that doesn't apply. A lot of court document that supported the facts in my case were submitted. my fees were waived by the judge that enter the judgement. where did I go wrong? This sheriff was threatening me and already made assumption before he knew facts about my case.
Customer reply replied 8 months ago
I understand the importance of having an attorney represent you versus prose. The sheriff office did not care about an appeal and what the law stated. The attorney in the matter was aware of the appeal ahead of time, I also served him judge order. I try to avoid the sheriff posting. my land did this out of retaliation. she got in trouble for side payments, her behavior was uncomfortable where she would show up to my house five times in one day, there was broken key in our door she snap and was irritated stated it wasn;t there. we had bug and foundation, flooding problem since we moved in that was never repaired. what can we do post removal from the sheriff and landlord.
Lawyer: barristerinky, Attorney replied 8 months ago

The sheriff told me has every right to remove me.

.

The sheriff is incorrect if you filed an appeal and also a motion for a stay of execution.. It would depend on how the judge ruled on you motion to stay as to whether that would indefinitely postpone any eviction.

.

Did the landlord submit a copy of your lease showing only one year?

.

Has your motion for the stay been heard yet and if so, what was the outcome?

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Customer reply replied 8 months ago
09/14/2017
Eviction, Failure to Vacate - Judgment (Judicial Officer: Knutson, David L.)
OTHER EVENTS AND HEARINGS
09/01/2017 Complaint-Civil Index # 1
09/01/2017 Eviction Summons Index # 2
09/05/2017 Proposed Order or Document Index # 3
09/05/2017 Proposed Order or Document Index # 4
09/12/2017 Affidavit of Not Found Index # 5
09/12/2017 Affidavit of Service by Posting Index # 6
09/12/2017 Affidavit-Other Index # 7
09/12/2017 Motion Index # 1009/12/2017 Affidavit for Proceeding In Forma Pauperis Index # 11
09/13/2017 Correspondence Index # 8
09/13/2017 Correspondence for Judicial Approval Index # 9
09/13/2017 Proposed Order or Document Index # 12
09/13/2017 Medical Report Index # 13
09/13/2017 Order Denying Motion Index # 14 (Judicial Officer: Perkkio, Arlene )
09/13/2017 Notice of Filing of Order Index # 15
09/13/2017 Order for Proceeding In Forma Pauperis Index # 16 (Judicial Officer: Perkkio, Arlene )
09/13/2017 Correspondence Index # 17
09/13/2017 Correspondence Index # 18
09/14/2017 Eviction Hearing (9:00 AM) (Judicial Officer Knutson, David L.)
Result: Held
09/14/2017 Correspondence Index # 19
09/14/2017 Findings of Fact, Conclusions of Law and Order Index # 20 (Judicial Officer: Knutson, David L. )
09/14/2017 Order and Judgment-Eviction Index # 21 (Judicial Officer: Knutson, David L. )
09/14/2017 Notice of Filing of Order and Entry of Judgment Index # 22
09/14/2017 Correspondence Index # 23
09/14/2017 Correspondence Index # 24
09/14/2017 Affidavit for Proceeding In Forma Pauperis Index # 25
09/14/2017 Statement of the Case Index # 26
09/14/2017 Proposed Order or Document Index # 27
09/14/2017
e-Service
09/14/2017 Notice of Deficiency Index # 28
09/14/2017 Notice of Appeal Index # 29
09/18/2017 Affidavit-Other Index # 3309/18/2017 Affidavit for Proceeding In Forma Pauperis Index # 37
09/18/2017 Proposed Order or Document Index # 38
09/18/2017 Affidavit for Proceeding In Forma Pauperis Index # 39
09/18/2017 Proposed Order or Document Index # 40
09/19/2017 Order for Proceeding In Forma Pauperis Index # 41 (Judicial Officer: Knutson, David L. )
09/19/2017 Order for Proceeding In Forma Pauperis Index # 42 (Judicial Officer: Knutson, David L. )
09/19/2017 Notice of Filing of Order Index # 43
09/19/2017 Notice of Filing of Order Index # 44
09/20/2017 Motion Index # 45
09/20/2017 Motion Index # 46
09/20/2017 Proposed Order or Document Index # 47
09/20/2017
e-Service
09/22/2017 Request for Writ of Recovery Index # 50
09/22/2017 Exhibit List Index # 5109/25/2017 Writ of Recovery of Premises Index # 52
09/25/2017 Other Document Index # 53
09/25/2017 Correspondence Index # 54
09/25/2017 Appellate Notice of Case Filing Index # 56
09/25/2017 Correspondence Index # 57
09/25/2017
e-Service
09/25/2017 Correspondence Index # 58
09/26/2017 Request for Transcript Index # 59
09/26/2017
e-Service
09/26/2017 Appellate Court Order Index # 60
09/26/2017 Correspondence Index # 61
09/28/2017 Other Document Index # 62
09/28/2017 Notice of Motion and Motion Index # 63
09/28/2017
e-Service
09/28/2017 Notice of Motion and Affidavit Index # 65
09/28/2017
e-Service09/28/2017 Notice of Motion and Affidavit Index # 65
09/28/2017
e-Service
Customer reply replied 8 months ago
We signed three different lease with our landlord. The first lease was signed in the presence of housing manager for hud, myself and husband. Her husband was on the lease but never signed the lease or was ever present. the second lease when she added the side payment hoa for us to pay. the third lease in question is the one she submitted to the court with a one year lease, still not correct, the side payment is not fixed on the lease. i am sorry i have bad grammar. you can request more i need someone advise me on the next step and how i can use my rights?
Customer reply replied 8 months ago
he didn't rule on my motion to stay, the sheriff already sent the notice and remove us the following day. I gave him a copy of the motion, notice of filing, the court of appeal document, I read him the statues. how could he state sub 7 did not apply to me? I don't understand please help me comprehend.
Customer reply replied 8 months ago
the motion hearing wasn't until 10/12 at 9 am
Customer reply replied 8 months ago
i sent her two retalation letter one in april and the other in june, she ignore them
Customer reply replied 8 months ago
I was in the process of appealing to the court of appeal prior motion to stay the judge stated I didn't file them correctly and I need an attorney. the last motion he didn't make a ruling it was the same day the sheriff serve me papers
Lawyer: barristerinky, Attorney replied 8 months ago

I am sorry, I have to leave my office for a bit.. I will open the question up to other experts who should be able to help..

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Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,307
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question.

I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. If you need local counsel for your appeal, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com

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Customer reply replied 8 months ago
I understand the laws. I never said I wanted to act as my attorney. I just wanted legal advice. Thank you
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Thank you for your reply. Sorry for the misunderstanding, but the last thing you typed was:

"I was in the process of appealing to the court of appeal prior motion to stay the judge stated I didn't file them correctly and I need an attorney. the last motion he didn't make a ruling it was the same day the sheriff serve me papers" Sorry for the misunderstanding. First, MN Statute 504B.301 is the statute in question. In general in Section 4, it says that an appeal is automatic as part of filing an appeal. HOWEVER, there are some exceptions. The exception to the automatic stay on appeal is as follows: Subd. 7.Exception. Subdivisions 1, 4, and 6 do not apply in an action on a lease, against a tenant holding over after the expiration of the term of the lease, or a termination of the lease by a notice to quit, if the plaintiff gives a bond conditioned to pay all costs and damages if on the appeal the judgment of restitution is reversed and a new trial ordered. In such a case, the court shall issue a writ for recovery of premises and order to vacate notwithstanding the notice of appeal, as if no appeal had been taken, and the appellate court shall issue all needful writs and processes to carry out any judgment which may be rendered in the court. So, the court has to rule on your appeal stay and if they do not do so the sheriff is correct only if you DID NOT POST A BOND. If you posted a bond, then you are entitled to the stay according to the statute. However, if they evicted you and you win on appeal, you would be entitled to not only an order allowing you to move back, but a monetary award against the landlord can also be awarded to you.

You need to get your appeal filed and you need to explain in your appeal why the eviction order is not appropriate and should not have been granted, that is all you can do about this situation now that the court has ruled.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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