Evicting Your Tenant, More Thoughts

Author: Todd Christiansen | Category: Eviction

One of the most popular investment property topics is probably eviction of tenants.  I wrote a long explanation about Minnesota tenant evictions in October 2007 and I thought I would add a few additional comments.

  1. Once the eviction process has started, do not accept any partial payment from the tenant. Doing so can stop the eviction process by the judge claiming you have accepted that amount as payment. The law considers each month a new obligation for payment, therefore the landlord waives the right to evict for any month that the landlord has accepted partial payment of rent.  You will be out the court costs and will need to start the process over again!  The only exception is if you have a partial payment clause in your lease agreement.
  2. Often the eviction will take 2-3 weeks and will run into the next calendar month. If the tenant pays the past due amount, insure that the now current month is also going to be covered on the eviction.
  3. An alternative to having the tenant move out if they are unable to pay is to have the tenant agree to a payment plan that is approved by the the eviction judge. As the landlord, you retain all of your rights and if the tenant misses one payment, you can immediately issue the writ and have them forcibly removed without going back to court.

Tenant evictions is not a difficult process. It just takes planning and and understanding of the process.   Consider using the Eviction Attorney that I recommend.

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