Proper Use And Benefits Of The Commercial Unlawful Detainer

December 20, 2009  |  BGS

Proper Use And Benefits Of The Commercial Unlawful Detainer The legal action of “unlawful detainer” is brought for the purpose of removing a tenant who is in breach of a lease agreement. The breach can be the nonpayment of rent and operating expenses, or could be any breach of a lease such as a tenant who is using and improperly disposing of hazardous chemicals or due to a prohibited use of the space. The unlawful detainer entitles the landlord to a “writ of restitution” or return of the property. Self-help eviction of a tenant without an unlawful detainer is not allowed in Minnesota. The unlawful detainer only entitles the landlord to remove a tenant and retake possession of the rental property. The unlawful detainer court does not have authority to enter a judgment against the tenant and in favor of the landlord for the past due rent and operating expenses. That must be brought in a separate legal action in collection. Barna, Guzy & Steffen represents many commercial property managers and property owners for their unlawful detainers and collection needs. Most often we can file an unlawful detainer for our clients within 24 to 48 hours after we obtain the information we need to do the Complaint in unlawful detainer. We require: The…

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Minnesota Environmental Response and Liability Act

December 20, 2009  |  BGS

Minnesota Environmental Response and Liability Act Suppose you were an owner of real estate in the 1960’s. Suppose also that you leased the real estate you owned to an oil company in 1961. The oil company placed fuel tanks on the real estate. In 1962 the oil company spilled fuel on your real estate. It slowly seeped into the soil and eventually contaminated the ground water as well as the soil. In 1988 the city where the land is located condemned the property. Now fast forward to today. The city sues you for the cost of the clean up based on current real estate law. Can you be held liable to clean up your real estate today when the fuel spill is discovered? The answer, believe it or not, is quite possibly yes. Many real estate owners in Minnesota are facing these liability issues today as a result of the Minnesota Environmental Response and Liability Act (“MERLA”). MERLA is what is called a “superfund” law. It was enacted primarily to identify and clean up abandoned and existing sites contaminated by hazardous substances. The key features of MERLA are that it: 1. Imposes joint and several liability on responsible persons; 2. Imposes strict liability, that is, liability without regard to fault or negligence, on…

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Building Mold – A "Growing" Problem

December 20, 2009  |  Joan M. Quade

Mold has been around since the beginning of time, but never has there been such a frenzy of media coverage, claims, litigation and concern about mold and its affects on our buildings and on our health. Even though millions of types of mold have been around forever, the types we are currently seeing proliferate in our buildings, are different in that they are destructive fungi. The molds, in some cases, are actually eating away at the structure of the building and can compromise the integrity of a building in a very short time. Along with the concerns of property damage, there is also concern for personal injury since many of these molds, even if not specifically “toxic mold” or “black mold” do have health consequences associated with their presence. No one has set specific standards on mold exposure in relationship to health, however, it appears that everyone agrees that certain kinds of mold exposure can affect ones health and present special problems for some children, the elderly and those who have compromised immune systems. There are no current comprehensive studies to lead one through the connections between mold and health and only time will tell how these issues are resolved. After a problem is discovered, there¬†are important decisions to be made . ….

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