How do I remove a tenant who does not pay rent?
How to Evict a Tenant Who Does Not Pay Rent: A Guide for Minnesota Landlords
As a landlord in Minnesota, dealing with a tenant who fails to pay rent can be one of the most challenging aspects of property management. Understanding the legal process for eviction is crucial to ensuring that you handle the situation correctly and legally. Incorrectly handling the eviction process can result in unnecessary expenses, lengthy delays, or even criminal charges (in the case of unlawfully changing the locks to a rental property).
Understanding Eviction Laws in Minnesota
Before proceeding with an eviction, it's important to have a clear understanding of Minnesota's landlord-tenant laws. The primary statute governing evictions is Minnesota Statutes Chapter 504B. Here are some key points to consider:
Grounds for Eviction: Non-payment of rent is a common and valid reason for eviction. Other grounds include lease violations, illegal activities, and holding over after a tenancy has terminated.
Notice Requirements: Minnesota law requires landlords to provide tenants with proper notice before initiating eviction proceedings. The type of notice and the time frame required can vary based on the reason for eviction. Recent changes to Minnesota law now require specific notices for nonpayment evictions.
Court Process: Evictions in Minnesota must be processed through the court system. Self-help evictions (changing locks, removing tenant belongings, etc.) are illegal and can result in penalties for the landlord including potentially criminal charges.
Steps to Evict a Non-Paying Tenant
Step 1: Review the Lease Agreement
Before taking any action, it is crucial to carefully review the lease agreement to understand the terms and conditions related to rent payment and eviction. Ensure that the tenant is indeed in violation of the lease terms and that you are following the proper procedures outlined in the agreement.
Step 2: Provide a Pay or Quit Notice
Minnesota law requires a 14-day notice prior to filing for eviction. This eviction notice is a new legal requirement and some cities require additional or different notices. Among other specific legal requirements, this notice should include:
The amount of rent due.
The date by which the rent must be paid.
A statement indicating that failure to pay will result in eviction proceedings.
Step 3: File an Eviction Complaint
If the tenant does not pay the overdue rent within the specified time frame, you can proceed by filing an eviction action with the appropriate district court. The complaint must meet specific legal requirements and should include:
Details about the property.
The tenant's name and address.
The amount of rent owed.
A copy of the lease agreement.
Evidence of the Pay or Quit notice.
Step 4: Serve the Summons and Complaint
Once the eviction complaint is filed, you must serve the tenant with a summons and a copy of the complaint. The summons will notify the tenant of the court date for the eviction hearing. In Minnesota, the summons and complaint must be served by a disinterested third party, such as a process server or sheriff, at least seven days before the court hearing. There is a specific process for service in the event that the tenant is not personally served, and the court requires strict compliance with this before hearing an eviction proceeding.
Step 5: Attend the Eviction Hearing
At the eviction hearing, both you and the tenant will have the opportunity to present your case to the judge. The court will ultimately review evidence and testimony and issue judgment once both sides have an opportunity to present their respective cases.
Step 6: Obtain a Writ of Recovery
If the judge rules in your favor, you will receive a "Writ of Recovery of Premises and Order to Vacate," which authorizes the sheriff to remove the tenant from the property if they do not leave voluntarily. This writ can typically be executed within 24 hours after the judgment.
Step 7: Enforce the Writ of Recovery
If the tenant still does not vacate the property, you can schedule a time with the sheriff to enforce the writ of recovery. The sheriff will physically remove the tenant and their belongings from the property. It is important to note that you should not attempt to remove the tenant yourself.
Important Legal Considerations
Security Deposits
If the tenant has a security deposit, you may be able to apply it toward the unpaid rent. However, you must follow Minnesota's security deposit laws, which include providing an itemized list of deductions and returning any remaining balance within 21 days after the tenant vacates the property.
Retaliatory Eviction
Minnesota law prohibits retaliatory eviction, which occurs when a landlord attempts to evict a tenant in response to the tenant exercising their legal rights, such as reporting health and safety violations. Ensure that your eviction actions are solely based on the tenant's failure to pay rent and not on any retaliatory motives.
COVID-19 Considerations
During the COVID-19 pandemic, eviction moratoriums and additional tenant protections were implemented at both the state and federal levels. As these regulations may change, it is important to stay informed about any current restrictions or requirements that may impact your ability to evict a tenant for non-payment of rent.
Tips for Avoiding Future Non-Payment Issues
Thorough Tenant Screening
Conducting a thorough tenant screening process can help you identify reliable tenants who are less likely to miss rent payments. This process should include checking credit history, verifying income, and contacting previous landlords for references.
Clear Communication
Maintain open and clear communication with your tenants regarding rent payment expectations and consequences for non-payment. Providing written reminders and notices can help ensure that tenants are aware of their obligations.
Payment Plans
In some cases, offering a temporary payment plan to a tenant facing financial difficulties may be a more practical solution than eviction. This can help you recover the owed rent while maintaining a positive landlord-tenant relationship.
Legal Assistance
Consider consulting with an experienced landlord-tenant attorney to ensure that you are following all legal requirements and to receive guidance on handling difficult eviction situations.
Conclusion
Evicting a tenant for non-payment of rent in Minnesota requires careful adherence to legal procedures and a thorough understanding of landlord-tenant laws. By following the steps outlined in this guide and seeking legal assistance when necessary, you can navigate the eviction process effectively and minimize potential risks. At Roach Law PLLC, attorney John E. Roach is dedicated to helping landlords protect their rights and manage their properties successfully. If you need assistance with an eviction or any other landlord-tenant matter, contact us today for expert legal guidance.