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As a landlord's attorney, I am frequently asked when a landlord should evict a tenant. The short answer is that, unless the landlord is a mobile home park, the landlord should bring an eviction as soon as the tenant is late on rent.

If you are a mobile home park, then you are required under

Minn. Stat. §327C .09, subd. 2

 to give the tenant a 10 day notice that they are behind on rent before bringing an eviction. Indeed, if you are the landlord of a mobile home park, you would be well advised to review the entirety of Minnesota Statutes for all of the laws that apply to your situation. Chapter 327C. Here is a link to the statue.

Contrary to popular belief, Minnesota law does not have a notice or warning requirement that requires landlords to give a tenant before bringing an eviction. However, your lease might have a clause that says if you are supposed to give a warning or otherwise provide notice that you are going to evict a tenant.

I generally recommend that landlords evict a tenant as soon as the tenant is late on rent. Usually, a lease provides that a tenant has a 5 day grace period before rent is considered late. A landlord could bring an eviction as soon as the 6th day, but you may be better served by sending a demand letter for the rent + the late fee to the tenant, and give the tenant a very short leash – no longer than a week – to pay up and avoid an eviction on their record.

In no case would I recommend waiting more than a month to evict a tenant. If you do, the rent arrears will be so great that the tenant will not be able to pay them and stay current on their regular rent as well.

Baland Law Office, P.L.L.C. represents both landlords and tenants - primarily landlords  in eviction actions, and in other litigation related to the landlord-tenant legal relationship.  Please call (763) 450-9494 to schedule an appointment to discuss your situation today!

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.



 


Comments

When Should a Landlord Evict a Tenant is a question that so many landlords ask and your this detailed post is so good to describe everything in a good manner. It is easy to understand and people can know about the whole process by reading it.

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