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I am often asked if a landlord should feel badly about evicting a tenant. The short answer is no. After all, the landlord is in the business of providing housing in exchange for the payment of rent, and the tenant signed a contract saying that they were going to pay rent in exchange for a place to live.

As such, I have absolutely no hesitation in recommending that a landlord evict a tenant who is not paying rent. If the tenant is not paying rent, then the tenant is of no use to the landlord.It is important for all landlords to remember that being a landlord is a business. A tenant who does not pay rent is taking advantage of the landlord's generosity, and that is something that I do not tolerate.

In Minnesota, a judge can give a tenant up to 7 days to pay up or move out – but the judge has to find that the tenant will suffer substantial hardship before granting extra time.  However, the landlord and tenant can agree on a longer period of time – more than 7 days –for the tenant to pay up or move out. If the landlord and tenant agree, a judge will probably sign off on that agreement.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

 
 
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I am often asked what is Independent Professional Advice? You have probably been told that you need to get Independent Professional Advice if you want to sell your right to receive payments due to you under a structured settlement. A structured settlement is a way to settle a lawsuit, typically a personal injury claim, without giving all of the money to the plaintiff – call the annuitant in the structured settlement – at once.  Typically, a structured settlement says that an annuitant will receive certain amounts on a monthly basis, or in a certain year. For example, a structured settlement might call for the annuitant to receive monthly monthly payments of X dollars and annual payments of Y dollars, and lump-sum payments of Z dollars every five years until the total amount of the settlement is paid in full.

Under Minnesota law, and annuitant has the right to sell payments due to the annuitant under the structured settlement, but a judge must the annuitant's request to sell all or a portion of their structured settlement. In addition to satisfying a number of other requirements, the annuitant must obtain Independent Professional Advice – or IPA, for short. IPA is advice that the annuitant receives from a an independent professional advisor (usually an attorney, accountant, or financial advisor) about the legal, tax, financial, and other implications of the sale of your right to receive structured settlement payments.

Tim provides Independent Professional Advice and has several contacts at different factoring companies that purchase the right to receive payments due under a structured settlement.  As such, Tim encourages anyone who needs Independent Professional Advice or would like to sell payments due under a structured settlement to contact him directly at 763-450-9494. If you need independent professional advice or want to sell all or a portion of your structured settlement, please call..


WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.