Is It Time for Tenant Spring Cleaning? Minneapolis Real Estate Lawyer Tips for Getting Rid of a Problem Tenant
It’s hard to believe, but spring is finally here!! Many Minneapolis property owners are taking advantage of the extra sunshine and warmer weather to do a little spring cleaning. For some landlords, that can include getting rid of problem tenants. Here’s a look at how and when a landlord can evict a tenant.
When you’re ready to evict a tenant, it’s time to turn off the emotions and give your attorney a call. Minnesota has clear laws outlining both your rights as a landlord and your tenant’s rights. Your lawyer will help you understand the eviction terms in your lease agreement and identify the steps you’ll need to take to evict a tenant lawfully.
First, Look at Your Lease Contract
Most leases have terms for how a tenant or a landlord can break a lease. By signing the lease agreement, you and your tenant agree to the eviction terms outlined in it. Your lease agreement should specify the amount of rent and when it’s due, noise rules, and policies you and the tenant must abide by. It should also stipulate the process for removing a tenant.
Document Contract Violations
Once you have a handle on the eviction process, document every incident of contract violations. Keep a record of when tenants were late on rent and if they underpaid. Document any repairs you’ve needed to perform beyond normal wear and tear. Include notes from communications you’ve had with your tenants to prove you did your due diligence.
Give Tenants Notice
As a landlord, you have several different ways you can give notice to tenants you are evicting. The most common are:
- Unconditional Quit and Vacate: If your tenant has become a serious, even dangerous issue, this notice requires them to leave your property with no recourse to correct the problem.
- Cure or Quit: If your tenant violates a term of your lease, it’s common for landlords to give them a chance to make it right before evicting them.
- Nonpayment of Rent: This notice documents the number of times a tenant has been late on rent. Often, these notices outline a process for tenants to repay rent owed and pay future months on time or risk eviction.
Whatever notice is appropriate for your situation, a notice should clearly identify the tenant and their address and the violations in question. It should stipulate the amount of time the tenant has to make the situation right and include your signature and the date. Don’t forget to document how and when you notified your tenant. You’ll need this in case your tenant fails to respond to your notice and you must move forward with the eviction.
Rely on a Third Party
During eviction, emotions run high in both parties. Sometimes, tenants have become problems due to unfortunate circumstances. Evicting someone can be uncomfortable for landlords. That’s why it’s a good idea to work with an attorney. They can help you stick to the policies and procedures outlined in your lease agreement and help keep the situation calm.
Minnesota Laws for Evicting a Tenant
Minnesota laws specifically outline what landlords must do to lawfully evict a tenant. Morphew Law can help you understand these rules and make sure your lease agreement includes language to ensure you have a legal way to evict a tenant. For help evicting a problem tenant or drafting a proper lease agreement, contact Jon Morphew and the Morphew Law Office, PLLC at 612-790-9189 today.