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I am often asked how long a landlord should give the tenant who is not paying rent before bringing an eviction. The short answer is that, in Minnesota, the landlord should bring an eviction action as soon as the rent is late.

When I say "bring an eviction," I mean that the landlord should start an eviction action in court to regain possession of the property. Right now, because of the lease agreement, even if the tenant is not paying rent, the tenant still has the right to be in possession of the property. The landlord wants to take that possession back, especially if the tenant is not paying rent, to rent the property to some other tenant who will actually bother to pay the rent.

Most leases provide that rent is due on the first day of the month, but that the tenant can pay their rent on up to the fifth day of the month without the rent being considered "late." I typically recommend that landlords bring an eviction as soon as the rent is late. In fact, I had one client who would instruct me to bring evictions on the sixth day of every month, when rent was late.  Generally, I do not recommend waiting more than one month to bring an eviction. Otherwise, the tenant will owe too much past due rent to be able to pay it back, along with their regular rent.

Many landlords want to give tenants a little more time to pay up. I am not going to say that this is okay, but as soon as rent is late the landlord should deliver a letter to the tenant in forming the tenant that rent is late and that the landlord will start an eviction to regain control of the property if rent is not paid by such and such a date. The landlord should state the specific date on which the landlord will bring an eviction, and give the tenant a very short deadline for paying the rent.

How much time is too much? If rent is technically late on the sixth day of the month, I would probably give the tenant up to (but no more than) two weeks to pay the rent, and instruct my attorney to start an eviction as soon as the deadline for paying rent has passed.

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 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.

 


Comments

This is really an important matter that needs to address because so many people do not know about these things and do not bother if the rent is late. Such articles helps the people to find the best ways in dealing with these ideas so that none of the parties will face any issues regarding rent payments.

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02/02/2017 5:47am

You can give a tenant some time to realize what would gonna happen. But this isn't a legal advice.

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