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The short answer is no, unless the tenant is a resident in a mobile home park. In that case, notice has to be provided in accordance with Minn. Stat. 327C .09, subd. 2. However, if the tenant is not a resident in a mobile home park, and the lease does not provide otherwise, the landlord does not normally need to provide notice that an eviction will be filed. In other words, the landlord can bring an eviction action as soon as there is a lease violation, either for nonpayment of rent or for something else.

Typically, the tenant misses a rent payment, and that is the reason for bringing the eviction in the first place. At that point, the landlord has to decide whether the landlord wants the tenant to pay and stay, or just wants the tenant to move out. If the landlord wants the tenant to pay and stay, then I would recommend bringing the eviction only for the reason of unpaid rent. However, if the landlord wants the tenant to move out, then I would look for other lease violations, in addition to unpaid rent, that you could include in the eviction complaint.

The reason is that the tenant can request a trial at the eviction hearing, but the tenant has to pay to get a trial if the eviction is brought for unpaid rent alone, but does not have to pay to get a trial if the eviction is brought for unpaid rent and for a different lease violation.

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  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I 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.



 


Comments

03/25/2016 11:11pm

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06/14/2016 8:05am

It is always a better to give a notice to tenant saying to vacate your flat or residence. Still he don`t listen after giving him specified time. Then you file an eviction in the court. But, in some cases the time will be given to tenants before trail. If they can produce a proper documents saying they are not done any fault

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03/23/2017 5:25am

The post is written in very a good manner and it contains many useful information for me.

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