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Updated about 5 years ago on . Most recent reply

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288
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Joseph Hammel
  • Rental Property Investor
  • Lake Hallie, WI
140
Votes |
288
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.

Most Popular Reply

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1,527
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1,623
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Tim Swierczek
  • Lender
  • Saint Paul, MN
1,623
Votes |
1,527
Posts
Tim Swierczek
  • Lender
  • Saint Paul, MN
Replied

@Joseph Hammel from what I understand pay or quit is only on month to month leases. You should direct these questions to @Brad Schaeppi he owns and operates https://minnesotalandlordlaw.c...

  • Tim Swierczek
business profile image
The Tim Swierczek Team - Primis Mortgage

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