Eviction Payment Plans

Author: Todd Christiansen | Category: Eviction

As I headed into another eviction this last week, the tenant asked me if I would be willing to set up an payment plan for her to pay her past due balance (in exchange for letting her stay).  Here are my thoughts:

  • As I have mentioned before, do NOT accept any partial payment between the date you file the Minnesota eviction and the court date.  The judge could throw out your case and make you refile (and you are out the eviction fee).
  • Even if the tenant says they want to set up a payment plan, follow through on the eviction proceeding so you have that on their record.  Then if they miss a payment, you only need to get a Writ and they can be out in 48 hours.  Plus, it will make it harder for them to move-out in the middle of the night to a new apartment with that eviction on their record.
  • If they ask for a payment plan prior to the eviction, tell them to bring at least the filing fee amount or preferably $500 to the court hearing before you will consider a payment plan.
  • Set the payment plan up for weekly or bi-weekly payments starting immediately.  I have made the mistake of allowing the tenant to wait 2 weeks to pay their first installment and then it never comes.  I inevitably need to have the sheriff to evict them, but I have lost 2 more weeks of non-payment.
  • Make sure the payments are in the form of a cashier’s check, money order, or cash.  You don’t want to accept a check and find out 2 weeks later that it was NSF.

These are just some small tips (that I have unfortunately learned the hard way) on how to work through setting up a payment plan with a past-due tenant.

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