Collecting Past Due Rent

During to the Covid-19 pandemic, Landlords were temporarily barred from evicting tenants for failing to pay rent. While these tenants were allowed to remain in place despite failing to pay, rent was still accruing and remained due. Minnesota’s eviction moratorium did not suspend tenant’s obligation to pay rent to their landlords, so many tenants accumulated large debts owed to their landlords during this period.

While rent relief has provided some assistance for tenants owing large sums to their landlords, many tenants have either not applied for relief or were not granted funds to cover their past due rent. As a result, many landlords have struggled to collect the funds they are owed.

However, Minnesota law provides landlords with the means to collect past due rent owed to them by tenants. One such way is to pursue the claim for past due rent in small claims or conciliation court. If the amount owed by tenants is less than $15,000, the claim may usually be filed in small claims court.

Small claims court presents a straightforward and expedited process for landlords to collect past due rent from tenants. Small claims court requires a smaller filing fee than district court, and requires the filing of a simple complaint detailing the allegations against the tenant. Depending on the amount of the landlord’s claim, the landlord may need to serve the tenant with their filings.

The Court will set a hearing date at which both parties must appear. While it is up to the judge whether an attorney may represent the landlord at this hearing, it is important to consult with a landlord-tenant attorney prior to entering the hearing. At the hearing, the landlord must prove how much past due rent is owed. If the landlord is able to prove that the tenant owes an amount of past due rent, the judge will enter a judgment in favor of the landlord.

Considering the large amount of past due rent owed by tenants to landlords during the eviction moratorium, it is crucial that many landlords engage in the debt collection process. If a landlord waits too long to file, their claims may be barred by the appropriate statute of limitations. No matter what a landlord decides to do about past due rent, it is important to consult with an experienced landlord-tenant attorney. The attorneys at RAM Law PLLC are familiar with the process of small claims court as well as the collection of past due rent. Call the Minnesota landlord-tenant attorney at RAM Law PLLC for your free consultation.