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Do you need a “Cure or Quit” Notice?(5)

I have posted many times about evictions in Minnesota.  A question that comes up occasionally is does the landlord need to issue a “Cure or Quit” notice prior to filing an eviction on the tenant?   I suspect that the people asking the question have attended a seminar or read a book from someone in another state that has that statute.

Although I am not an attorney, I understand that Minnesota Law does NOT require the landlord to give the tenant any notice prior to filing an eviction.  I can speak from personal experience that I have never given the tenant anything and the judge at the eviction has never asked me if I had.

Tenant Love Notes(1)

Maybe this isn’t the right title for these letters, but if you are a landlord for any length of time, you will get one.  They are similar in concept to the “Dear John” letter that soldiers used to receive.

This tenant love notes is slightly different, it is usually sent with the rent check folded up in it.  Typically it is used to explain why rent is late, but more often it is to explain why they have short paid their rent this month.  Here is an example of one:

If you read the letter it starts off by saying:  “I am sending you five hundred dollars [when the rent due is $800] and I will pay the rest of Oct rent on the 31st of Oct.”

At this point, you need to make a decision whether you are going to wait for the remainder of the rent ($300) or not.  I believe the decision is going to depend upon their previous pay history, the condition of the apartment, time of year, and your motivation.

If I am not willing to wait, I can start the eviction in Minneapolis.  Most likely, they will be out by Mid-November (assuming they don’t pay).  I would then have to clean and prep the apartment for showings for a December 1 move-in.  Although leasing apartments in December is possible (and has actually gotten easier with the low vacancy rate), it is not my favorite.

I have decided that I am going to wait and see if they follow through on their commitment.  If they don’t, the next day, I am at court.

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  • 612-281-5419
  • Scott Ficek

Copyright, Scott Ficek-2011

Re/Max Advantage Plus
MN Real Estate Team
17850 Kenwood Trail
Lakeville, Mn 55044
952-898-5800

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