I am often asked whether a landlord should let a tenant fall 3 or 4 months behind in rent before bringing an eviction. The short answer is no, and that the landlord should bring an eviction immediately as soon as rent is late. This may sound harsh, but if the landlord waits to bring an eviction until 3 or 4 months of rent are owed, then the tenant is unlikely to be able to pay the total amount due.
Several years ago, I had a landlord client whose lease provided for a 5 day grace period. In other words, although rent was technically due on the first day of the month, the tenants had until the 5th of the month to pay. On the 6th of the month, I could almost always count on getting an email or a voicemail instructing me to bring evictions against the tenants that have not paid.
That is why a landlord wants to bring an eviction as soon as the rent is late. Of course, there are other reasons – primarily lease violations – why a landlord would want to bring an eviction against a tenant. In most circumstances, I would recommend bringing that eviction (and not accepting any additional rent payments) immediately, and not wait to see if the situation gets better on its own.
For example, a landlord may have a situation where a tenant is disturbing other tenants by making noise during official quiet hours. In that instance, I would probably recommend that the landlord communicate with the tenant, preferably in writing, state that the landlord has received complaints about the tenants behavior, and that the landlord will not have a choice but to bring an eviction if the noise is not rectified.
Tenants may also be using or dealing drugs in the rental property, or otherwise violating the law. I would always recommend that the landlord or other tenants call the police when there is suspected illegal activity. What the landlord should do depends on what proof the landlord has of the alleged illegal activity.
Tenants will almost always request a trial if the landlord brings an eviction because of lease violations. In other words, the tenant will say to the landlord, "prove that I violated the lease." The difference between an eviction for unpaid rent and an eviction for other lease violations is that the judge can order the tenant to deposit the unpaid rent into court in order to get a trial, but that is not the case if a landlord brings in eviction both for unpaid rent and for other lease violations.
That is why I always ask the landlord what the landlord wants to have happen. In other words, does the landlord just want the tenant to pay up, or does the landlord want to be rid of the tenant? Sometimes, the landlord just wants the tenant to get caught up, but sometimes it is just best if everybody goes their separate ways.
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 DO NOT REPRESENT RESIDENTIAL TENANTS. 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.
Several years ago, I had a landlord client whose lease provided for a 5 day grace period. In other words, although rent was technically due on the first day of the month, the tenants had until the 5th of the month to pay. On the 6th of the month, I could almost always count on getting an email or a voicemail instructing me to bring evictions against the tenants that have not paid.
That is why a landlord wants to bring an eviction as soon as the rent is late. Of course, there are other reasons – primarily lease violations – why a landlord would want to bring an eviction against a tenant. In most circumstances, I would recommend bringing that eviction (and not accepting any additional rent payments) immediately, and not wait to see if the situation gets better on its own.
For example, a landlord may have a situation where a tenant is disturbing other tenants by making noise during official quiet hours. In that instance, I would probably recommend that the landlord communicate with the tenant, preferably in writing, state that the landlord has received complaints about the tenants behavior, and that the landlord will not have a choice but to bring an eviction if the noise is not rectified.
Tenants may also be using or dealing drugs in the rental property, or otherwise violating the law. I would always recommend that the landlord or other tenants call the police when there is suspected illegal activity. What the landlord should do depends on what proof the landlord has of the alleged illegal activity.
Tenants will almost always request a trial if the landlord brings an eviction because of lease violations. In other words, the tenant will say to the landlord, "prove that I violated the lease." The difference between an eviction for unpaid rent and an eviction for other lease violations is that the judge can order the tenant to deposit the unpaid rent into court in order to get a trial, but that is not the case if a landlord brings in eviction both for unpaid rent and for other lease violations.
That is why I always ask the landlord what the landlord wants to have happen. In other words, does the landlord just want the tenant to pay up, or does the landlord want to be rid of the tenant? Sometimes, the landlord just wants the tenant to get caught up, but sometimes it is just best if everybody goes their separate ways.
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 DO NOT REPRESENT RESIDENTIAL TENANTS. 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.
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