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I am often asked when a landlord should bring an eviction action to evict a tenant? The short answer is that it is ultimately up to the landlord, but I would recommend bringing an eviction action or sooner rather than later – probably as soon as the tenant is late with the rent. The landlord can also evict a tenant who is violating the provisions of a lease, even if the tenant is current on rent, but that is usually a more difficult eviction. This blog post will focus only on evicting a tenant for not paying rent. Watch for a different blog post on evicting a tenant for lease violations in the near future.

Most leases give the tenant a grace period – usually less than five days – to pay the rent. In other words, if rent is technically due on the first day of the month, the tenant has a grace period of a few days to actually pay the rent. However, the landlord is fully within the landlord's rights to bring an eviction action if rent has not been paid and the grace period has expired.

Mobile home parks are different under the law, because in mobile home parks, the landlord has to give a 10 day notice before bringing an eviction.  For most leases that do not involve property in a mobile home park, no notice that the landlord is going to bring a formal eviction action is required, unless that is a requirement of the lease. As a general rule, I recommend bringing an eviction as soon as possible.

In summary, a landlord should bring an eviction action as soon as the tenant is late in paying their rent, usually after the expiration of the grace period provided by the lease.  Some landlords will wait until the tenant is several months behind in paying the rent, but the danger in waiting is that the arrears will accumulate to such an extent that the tenant is unable to pay them all in a timely manner. As such, I recommend that a landlord bring in eviction action as soon as possible and as soon as is permitted by the lease.

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. 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

03/03/2016 7:48am

Good to read your post for evicting a tenant for not paying rent. The detail is so informative and good for us to understand the issues and its solution. Thanks for sharing this post about this issue.

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03/25/2016 11:06pm

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04/06/2016 1:29pm

The most common type of legal action that arises out of a landlord and tenant relationship is a lawsuit filed to evict a tenant for nonpayment of rent. In order for a landlord to be able to prevail in this type of action, certain specific steps must be taken. For more information on this, please see real estate in Balijetaime.com.

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