While no landlord wants to evict their tenant, sometimes you aren't faced with a choice, and you have to do what is best for your business. Minnesota has several laws in place to protect both you and your tenant, and to prevent long delays or added costs, it's important to follow the laws to the letter. This quick guide will help you follow Minnesota laws to make the eviction process easier to understand.
Reasons to Evict
There are typically only three reasons to evict a tenant:
- Failure to pay rent on time
- Lease violations
- Illegal activities
When a tenant does not pay rent at the agreed-upon time, you can start the eviction process, as long as you are following the terms set in the lease. This means that any allowances listed in the lease, such as a grace period, allowing rent to be paid the following business day if the rent is due on a holiday or weekend must be honored. If the rent still isn't paid, you can file for eviction as soon as the rent is considered late. The tenant can stop the process by paying the past and currently due amount, paying the court fees, and becoming up-to-date with lease agreements.
Landlords can evict a tenant for violating the lease, but the lease has to have a "Right of Re-Entry" clause. This says that the landlord can evict and take possession of property when the tenant fails to meet lease agreements. Typically, those violations include unauthorized people or pets living in the property, creating a neighborhood disturbance, or damaging the property. Illegal activity, including prostitution, illegal drug or gun possession, and gang activity also gives landlords the right to evict.
Notice of Eviction
Once you have the grounds to evict, you file a Notice of Eviction with the court. Minnesota does not require landlords to give a renter notice that they are starting the eviction process, unless the tenant lives there on a month-to-month basis. Then, you must provide a 14-day notice for the resident to vacate.
After the eviction is filed, the court sets up a hearing, and the tenant receives Notice of Eviction and the trial date. The judge listens to both sides and rules either in favor or against eviction. If the judge rules in favor of eviction, a law enforcement officer can evict the tenant.
Landlords do not have the right to force eviction without going through the court system. Shutting off utilities, changing locks, and other methods are not legal. Any of these methods will hinder your ability to evict your tenant and lengthen the process.
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