Minnesota Nonpayment of Rent Eviction Attorneys
What Can I Do If My Tenant Isn’t Paying Rent?
Nonpayment of rent is one of the most common disputes between landlords and tenants in Minnesota. Payment of rent is crucial in nearly every lease, and missing out on rent payments can place landlords in difficult financial positions. While nonpayment of rent cases spiked during the Covid-19 pandemic, Minnesota still has an abundance of late rent or nonpayment of rent cases that plague landlords. The question of what a landlord can do about a non-paying tenant can be complex in some cases, and the road to eviction is often paved with pitfalls for unwary landlords.
Notice To Pay or Quit
What is a notice to pay or quit? The answer to this is usually straightforward: a “notice to pay or quit” is a legal notice provided to a tenant that notifies the tenant that they must either pay their rent balance or vacate the property. These notices can take various forms, and some Minnesota cities such as Minneapolis and Brooklyn Center require notices containing specific language.
In many cases, Minnesota landlords are not legally obligated to provide their tenant with a notice to pay or quit. However, it can be worthwhile, particularly if a tenant is a tenant at will. Minnesota law provides that a landlord may terminate a tenancy at will via a notice to pay or quit if the tenant fails to pay during the notice period.
Additionally, some Minnesota cities require that a notice to pay or quit be provided to the tenant prior to commencing an eviction. Failure to follow the steps required by the city can result in dismissal of a later eviction, or even the tenant being awarded a judgment against the landlord. It is important to carefully consult with a landlord attorney to determine whether it is required or wise to provide a tenant with a notice to pay or quit.
Cash-For-Keys
If a tenant fails to pay rent and refuses to leave, some landlords choose to negotiate a buyout with the tenant. These buyouts are often termed “cash-for-keys” as landlords pay the tenant to vacate the property on an agreed-upon date. While this is counterintuitive and often can be difficult for a landlord to stomach, a “cash-for-keys” agreement may end up saving a landlord time and money as it removes the need for the landlord to engage in eviction proceedings against the tenant.
While this was a popular option during the Covid-19 eviction moratorium due to landlord’s difficulty or inability to evict tenants, the popularity of this option has waned. Depending on the cost, this route can still save some landlords time and money, but often it is more cost-effective simply to proceed with evicting a tenant. If a landlord decides to pursue a “cash-for-keys” approach, it is usually wise to draft a thorough settlement agreement that memorializes the terms of the agreement and confirms that the tenant has vacated the property.
Filing An Eviction Case
If a tenant fails or refuses to pay rent and does not vacate the property, a landlord must file an eviction in order to remove the tenant from the property. Minnesota does not allow any “self-help” evictions, meaning that it is a crime to remove a tenant without a sheriff executing a Minnesota court order called a “writ of recovery.” In fact, a self-help eviction can result in significant civil liability for the landlord or even criminal charges.
If a tenant fails to pay rent or vacate, a landlord can immediately commence an eviction court case against the tenant (provided that all other city and state pre-filing requirements have been followed). This process will take at minimum two-three weeks, and in some counties can take as long as multiple months. Minnesota law provides specific requirements for pursuing a nonpayment of rent eviction, including requiring that a tenant be served in a specific manner. Once the tenant has been served with all applicable documents, the court will hold a hearing to determine whether rent is owed and if the tenant has any defenses.
If the tenant owes rent and has no applicable defenses, the court will give the tenant an opportunity to “stay-and-pay.” This period is usually 7 days and if the tenant fails to redeem the tenancy during this time by making payment, the court will issue a writ of recovery that directs the sheriff to remove the tenant from the property. If the tenant does make payment, they are generally allowed to continue staying at the property unless there are other grounds for the landlord to evict them.
Nonpayment of rent eviction cases are necessary in many circumstances, and commencing an eviction in a prompt manner can often result in a landlord saving valuable time and money. The Minnesota eviction attorneys at RAM Law PLLC have successfully handled numerous nonpayment of rent eviction cases and can assist in working with you to reach a prompt and cost-effective outcome in your case. If you are involved in an ongoing eviction matter or a nonpayment of rent situation, call our experienced eviction attorneys at 651-468-2103 or submit our convenient online form.