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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33762
Experience:  15 years real estate, Realtor. Landlord 26 years
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I was late with the Nov. rent. I received a certified letter

Customer Question

I was late with the Nov. rent. I received a certified letter on 11/17/15. On 11/20/15, I mailed a cashiers check for $1700.00. I had been asked to pay $1050.00. The extra amount I was planning to go toward Dec. rent. I spoke to the owner on 11/20/15, due to the furnance issue. During this call, I was informed that an Evicition Summons had been filed with the court on 11/18/15. The extra amount would not all go for rent and that I would be paying for court and lawyer fees. I am on oxygen, I am considered handicapped. I have lived here for 4 years. I have been late twice, in Oct. and Nov. I have not had and other complaints or concerns during the 4 years. My lease was up on 3/30/13 and has not been renewed. My questions are:
1. Can the eviction process start before a tenant is 30 days past due?
2. Is there a Cold Weather Rule for evictions in Mn.?
3. What about my health issues to find a place to move to?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I am sorry to hear that you are having these problems with your tenancy and will try to help, but some of my answers may not be favorable to you, so please don't "shoot the messenger"...

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My questions are: 1. Can the eviction process start before a tenant is 30 days past due?

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Yes, if a tenant is late on rent in MN, then the landlord has to give them a written 14 day notice to pay or vacate. If the tenant doesn't pay all late rent and any fees within that 14 day period, then the landlord can then file a formal eviction action in court to get a judgment and a writ that the sheriff will execute to force the tenant to leave.

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2. Is there a Cold Weather Rule for evictions in Mn.?

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No, this is something of an urban legend where it was rumored that a landlord couldn't evict in the winter, or if the tenant had children. But this is not true and the landlord can evict through the courts at any time of the year, whether it is hot or cold outside.

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3. What about my health issues to find a place to move to?

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Unfortunately, that doesn't come into play when a judge is determining whether a tenant has breached the contract with the landlord to pay rent in return for a habitable dwelling. The judge may take it into consideration as to what date he set for the eviction, and he may give a little extra time, but it wouldn't delay it long.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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