Subscribe to RSS

Do you need a “Cure or Quit” Notice?

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.

5 comments

#1mn mlsNovember 14, 2008, 4:46 pm

Great info Scott! Thanks for sharing.

#2John GallNovember 24, 2008, 4:55 pm

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.

#3KristenApril 30, 2009, 10:50 am

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.

#4DebbieDecember 11, 2009, 8:36 pm

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.

#5DoMyOwnEvictionsAugust 15, 2010, 6:52 am

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.

Add your comment

Nickname:
E-mail:
Website:
Comment:
Anti-Spam:

Other articlesgo to homepage

Landlord Call to Action:  Don’t Wait to Start The Eviction

Landlord Call to Action: Don’t Wait to Start The Eviction(7)

I was in eviction court last week in Hennepin County.  I love sitting and listening to the other court cases.  Sometimes it is a little like a case of Cops or Judge Judy!  It is good entertainment to hear what the landlord and tenant say about why they are in court today.
This last week I [...]

Eviction Woes

Eviction Woes(4)

I get a lot of questions about tenant evictions.  I suppose it is like any job, it is the one thing that landlords have in common across all investment properties.  Here is a recent note I received:
I have a renter who’s lease expired in September so she is on a month-to-month lease currently. She has [...]

Can You Be Liable for Comments About Tenants?

Can You Be Liable for Comments About Tenants?(1)

Everyone knows the drill, you take a rental application and you call the previous landlords to see what this person was like as a renter.  Surprisingly, despite the number of tenants I go through in a year, I rarely get those calls.  When I do, I am happy to tell the caller what I think [...]

High Maintenance Tenants

High Maintenance Tenants(3)

So everyone knows what a high maintenance person is.  In fact, some of us have dated (or are married to ) some (not you honey)!  These are people that just can’t seem to be satisfied with anything despite how good it is.  When you get one of these as a tenant, watch out.  They can [...]

Storing Your Tenant’s Stuff

Storing Your Tenant’s Stuff(3)

I have written several times about how much joy I get in having to store a tenant’s stuff after they move out.  This is really a kick in the teeth if I have to store it after I just evicted them.  Not only do they owe me money, they probably didn’t clean the place at [...]

read more

Contacts and information

  • 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

Social networks

Most popular categories

© 2011 Gadgetine Wordpress theme by orange-themes.com All rights reserved.