I am often asked what a landlord should do if the tenant is not paying the rent. The short answer is that the landlord should bring an eviction action, preferably as soon as the rent is late.
In Minnesota, unless the landlord is a mobile home park, the landlord does not need to provide any advance notice before bringing an eviction. Most residential leases provide a five day grace period, and state that the rent is late if it is paid after the fifth day of the month. Your lease probably has a similar provision.
The lease may also say that the landlord must provide notice to the tenant before bringing an eviction. In that case, a landlord should follow the requirements of the lease exactly, and provide the requisite notice. If the landlord does not follow the requirements of the lease, the tenant may have a defense to the eviction action.
At any rate, I recommend that a landlord bring an eviction action as soon as the rent is late. In the above scenario, rent is late if it is paid after the fifth day of the month. As such, I would recommend that the landlord commence an eviction action on the sixth day of the month.
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
In Minnesota, unless the landlord is a mobile home park, the landlord does not need to provide any advance notice before bringing an eviction. Most residential leases provide a five day grace period, and state that the rent is late if it is paid after the fifth day of the month. Your lease probably has a similar provision.
The lease may also say that the landlord must provide notice to the tenant before bringing an eviction. In that case, a landlord should follow the requirements of the lease exactly, and provide the requisite notice. If the landlord does not follow the requirements of the lease, the tenant may have a defense to the eviction action.
At any rate, I recommend that a landlord bring an eviction action as soon as the rent is late. In the above scenario, rent is late if it is paid after the fifth day of the month. As such, I would recommend that the landlord commence an eviction action on the sixth day of the month.
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
RSS Feed