Do you need a “Cure or Quit” Notice?
13 November, 2008
(5) Comment
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.
Categories :
Tenants
Great info Scott! Thanks for sharing.
Hi Scott,
While not required I just sent my first Cure or Quit notice today. I have a situation where i’m supposed to be picking up late rent Wednesday so i’m using the notice sent by certified mail to put the tennants on notice and ensure they are not surprised when I begin the UD process should the rent not be paid up. This particular tennant regularly pays late and I’m hoping the cure or quit may cause them to think a bit more about whether they pay rent or the Direct TV bill etc. If nothing else they can’t say I didn’t warn them when they are served. Hopefully the cash will be there Wednesday but regardless i’ll be curious to see what their response is when they receive the notice.
That may be true in Minnesota, but not in Virginia. Remember every state is different. In Virginia you have to have a copy with you of the 5 day Pay or Quit or you will not receive judgment.
A landlord can file an eviction if the tenants are 24 hours late. However, for other issues, a Notice to Vacate can be a good idea. It’s eacy to prove non payment of rent, but other issues are not always so easy and can lead to a trial. This information was given to me by an attorney friend of mine who is experienced in evictions as well as other types of law. I’m not an attorney either, but I assist landlords with all of their eviction needs including going to court as their agent, and I find new tenants for landlords. Ramsey County does not allow agents unless the agent works for the landlord. Anoka County doesn’t allow agents at all, and Hennepin County is the only county that allows agents to go to court on behalf of a corporation. I imagine you already know all this. If you ever get too busy and need someone to handle your eviction, and/or find a new renter for you, please give me call.
The tenant eviction process is critical to learn as a landlord. Here you will learn the steps to take. You’ll learn what the different types of Notice To Quit are. You’ll learn how to properly serve the notice. You’ll learn when to file the Complaint for Eviction with your local court. And you’ll learn the biggest mistake landlords make.