It is important to remember that being a landlord, whether you are a Christian or no, means operating a business. You are in the business of providing housing to tenants. You might be in that business because you are or consider yourself to be a Christian. If a tenant fails to pay rent, violates the lease, or otherwise does not uphold their end of the bargain, then you should bring an eviction action.
The first question for a landlord to ask (one of the first questions that I ask any prospective client) is what the landlord wants to have happen. Does the landlord simply want the tenant to pay up, or does the landlord want the tenant to leave?
There are probably three reasons that a landlord would consider bringing an eviction: failure to pay rent, lease violations, or a combination of the two. Sometimes, a failure to pay rent is caused by drug use. If the tenant is not paying the rent, then before bringing an eviction, the landlord should reach out to the tenant by telephone, email, text, or however the landlord and tenant communicate, and ask – point-blank – why the tenant is not paying the rent.
Tenants can have very good reasons for not paying the rent. Maybe they lost a job, got sick, had to care for a relative, or something else – but they cannot get away from the fact that the signed a contract to pay rent, usually on a monthly basis. If they do not pay the rent, and they are in violation of that contract – and you, as the landlord, cannot afford to have a tenant who does not pay the rent.
Sometimes a tenant can present a truly sympathetic situation, and simply need a little extra time to pay the rent. However, in that case, the landlord has to make a judgment call: namely, is it a sound business decision for the landlord to give the tenant a little extra time to pay? I once evicted a tenant who is confined to a wheelchair. He presented a very sympathetic situation, but was not a very sympathetic character.
However, if a tenant is violating the lease or the law, then I would not hesitate to bring an eviction. For example, the tenant might be illegally subletting their unit, damaging the landlord's property, using drugs on the premises, etc. In that case, I do not think I would bother reaching out to the tenant. Rather, I would just bring an eviction action against that tenant.
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 763-290-0445 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 do not represent residential 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) 290-0445 to set up an appointment to discuss your situation.