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I am often asked whether a landlord should hold off on evicting a tenant until after the holidays. The short answer is no, the landlord should bring an eviction as soon as possible.  A landlord will do well to remember that being a landlord is a business. The landlord is in the business of providing housing, and those persons who do not pay their monthly rent should leave, and be replaced with tenants who actually pay their rent on time.

A tenant always has to meet their obligations under the lease to pay rent, even if there is a holiday. The landlord is under no obligation to give the tenant a gift of free rent for a month or two. Indeed, a tenant might get use to not paying rent, and then expect to stay for free. A tenant who does not pay rent is not meeting their obligation under the lease, and should be evicted.

Still, I understand that certain landlords would prefer not to bring an eviction so close to the holidays. However, if the landlord files an eviction now (December 13, 2016), the hearing on that eviction will likely not take place until the last week of the month, or possibly early in 2017. As such, I would recommend that a landlord bring an eviction sooner rather than later, even if we are in the midst of a holiday season.

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. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. 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

12/30/2016 7:15am

I don't think that he should if the tenant has not paid rent. But, if the rent is paid and the landlord still wants to evict him, then I think the landlord should wait untill after the holidays to evict the tenant.

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02/01/2017 4:32pm

I have a mixed feelings on this question. Maybe you are right.

Reply
12/30/2016 8:27am

Talent situation is really unique but I get some authentic points to understand the landlords to talk an attorney experienced in evictions. I truly happy to visit this site but I appreciate you for this good help.

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