Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 5 years ago,

User Stats

284
Posts
140
Votes
Joseph Hammel
  • Rental Property Investor
  • Lake Hallie, WI
140
Votes |
284
Posts

Quit or pay? In Minnesota

Joseph Hammel
  • Rental Property Investor
  • Lake Hallie, WI
Posted

Hello all, I have a tenant in MN that I'm ready to send packing. It's not my first eviction, I've had to do four of them. Two were settled before the hearing, one was a no show (I won). The other showed up in pajama pants. The Judge said, do you owe rent? Yes. Do you have the money? No. Then you have to go. (paraphrasing). That should be the same judge this round so that's good. Now to the meat of my question. I always hear peeps on here reference "Pay or quit notice" Being a student of the "purple book", the Minnesota landlord and tenant responsibilities guidebook I don't see that as a requirement.

A "pay or quit notice" is just a fancy word for a late notice (with a threat of eviction) anyway. Right???

Do any MN landlords on here use a particular form for this? 

My Buildium software automatically sends a late notice at 5 days. Would a email late notice with a threat of eviction suffice?

Or just go file? 

They know they are late. 

Side note/ question. Any value to timing the hearing so it falls at the end of the month? If I file tomorrow the hearing would be on the 27th. If I wait a week it would be on the 27th. I ask this because at the one hearing I had a tenant show it happened to land near the end the month. The Judge asked the amount due, and then stated (paraphrasing) and I assume they will owe the next months rent as well in a few days. He seemed to be implying they might as well have that on them or available to "pay to stay". I just don't want to have them to scrape up the rent they owe only to start the cycle again. 

That being said this tenant's lease just expired and they are month to month now so another strategy would be hold out till the end of the month and hope they pay down some more of the balance and then at the end of this month give a notice to end the tenancy. Then wait a few days and file eviction as well for being late.

Sorry I know its a lot.

Loading replies...