Evicting a family member can be a difficult and emotional process, but it may be necessary to protect your rights and property. If you’re facing this situation in Saint Paul, this blog article will provide you with the information you need to proceed.
We’ll cover the legal steps involved in evicting a family member in Saint Paul, including how to serve them with a notice to vacate and file a formal eviction lawsuit. We’ll also provide tips on how to handle the situation with compassion and respect, and how to protect yourself from retaliation.
Whether you’re dealing with a difficult family member who has overstayed their welcome or a tenant who has violated the terms of their lease, this article will help you understand your rights and options. We’ll provide you with the tools you need to navigate this challenging process and protect your interests.
How To Evict a Family Member In Saint Paul
Evicting a family member is never easy, but it may be necessary to protect your rights and property. If you’re considering evicting a family member in Saint Paul, here are six tips to help you through the process:
1. Check the Law
Before you start the eviction process, it’s important to check the law to make sure you have the right to evict your family member. In Saint Paul, you can evict a family member if they have violated the terms of their lease or if they have engaged in illegal activity on the property.
2. Give Notice
Once you’ve determined that you have the right to evict your family member, you need to give them written notice. The notice must state the reason for the eviction and the date by which they must vacate the property.
3. File a Complaint
If your family member does not vacate the property by the date specified in the notice, you will need to file a complaint with the court. The complaint should include a copy of the notice you gave to your family member and a statement of the facts that support your claim for eviction.
4. Attend the Hearing
Once you’ve filed a complaint, the court will schedule a hearing. At the hearing, you will have the opportunity to present your case to a judge. Your family member will also have the opportunity to present their case.
5. Get a Judgment
If the judge rules in your favor, they will issue a judgment of eviction. The judgment will order your family member to vacate the property by a certain date.
6. Enforce the Judgment
If your family member does not vacate the property by the date specified in the judgment, you can ask the court to enforce the judgment. The court may issue a writ of possession, which will authorize a sheriff to remove your family member from the property.
How Much Does it Cost to Evict a Family Member in Saint Paul?
Evicting a family member is never easy, and the costs can add up quickly. In Saint Paul, Minnesota, the average cost to evict a family member is around $5,000+. This includes the cost of filing fees, serving the eviction notice, and hiring an attorney if necessary.
| Expense Category | Approximate Cost | Notes |
|---|---|---|
| Filing Fee | $300 – $500 | Cost to file an eviction action with the court. |
| Attorney | $500 – $5,000+ | Cost varies with case complexity and attorney’s fees. |
| Service of Process | $50 – $100 | Fee for serving the eviction notice the to tenant. |
| Law Enforcement Costs | $100 – $500 | For sheriff or police involvement if necessary. |
| Locksmith | $50 – $160 | To change the locks if eviction is successful. |
| Storage and Moving Fees | Varies | If belongings need to be moved and stored. |
| Loss of Rental Income | Opportunity Cost | Unrecoverable income during the eviction process. |
| Hearing Court Fees | Varies | Possible additional court costs for hearings. |
| Additional Legal Fees | Varies | For any additional legal services or advice. |
- In some cases, you may also be responsible for paying for the family member’s moving expenses.
- If you are considering evicting a family member, it is important to weigh the costs and benefits carefully.
- You should also seek legal advice to make sure that you are following the proper procedures.
FAQs: Evicting a Family Member in Saint Paul
Here are some of the most frequently asked questions about evicting a family member in Saint Paul:
What are the legal grounds for evicting a family member in Saint Paul?
In Saint Paul, you can evict a family member if they have violated the terms of their tenancy, such as not paying rent or damaging the property. You can also evict a family member if they are engaging in illegal activity or if they are a danger to themselves or others.
What is the process for evicting a family member in Saint Paul?
The process for evicting a family member in Saint Paul is similar to the process for evicting any other tenant. You must first give your family member a written notice to vacate the property. The notice must state the reason for the eviction and the date by which your family member must vacate the property.
What if my family member refuses to leave the property?
If your family member refuses to leave the property, you can file an eviction lawsuit with the court. The court will then hold a hearing to determine whether or not your family member should be evicted. If the court rules in your favor, you will be issued a writ of possession, which will allow you to have your family member removed from the property by the sheriff.
Can I evict a family member if they are not on the lease?
Yes, you can evict a family member even if they are not on the lease. However, you must be able to prove that the family member is a tenant, such as by showing that they have been paying rent or that they have been living in the property for a period of time.
How long before a guest becomes a tenant in Saint Paul, Minnesota?
In Minnesota, a guest becomes a tenant after staying for over 14 days within six months.
How long does an eviction stay on your record in Minnesota?
An eviction stays on your record in Minnesota for 7 years.
What are some tips for evicting a family member in Saint Paul?
Here are some tips for evicting a family member in Saint Paul:
- Document everything: Keep a record of all communications with your family member, including any notices to vacate and any attempts to resolve the issue.
- Be prepared to go to court: If your family member refuses to leave the property, you may need to file an eviction lawsuit.
- Seek professional help: If you are having difficulty evicting your family member, you may want to seek the help of an attorney or a housing counselor.
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