Renting and the law: How long must landlord wait to evict after repeated late rent?

  • Article by: KELLY KLEIN
  • Updated: June 22, 2013 - 2:00 AM

Q: I am the owner of a residential property. The tenants have repeatedly paid rent past the grace period, six out of the 12 months they’ve been renting from me. I advised them in writing that I would no longer be accepting late rent and would file an eviction action for any future non-payment of rent by the due date. The next rent was not received by the due date or within the grace period.

The lease contains a section that states, “If any default is made in the payment of rent, or any other term of the lease, lessee shall be given written notice of any default, and termination shall not result, if within 30 days, the lessee has corrected the default.”

Does this mean I am required to wait the 10-day grace period, and then an additional 30 days after written notice, to file an eviction action for non-payment of rent?

A: If your lease says that rent is due on the first of the month, but there is a grace period of 10 days, then you need to wait only 10 days before taking action. If 10 days pass and the rent is not paid, then you can pursue an eviction action for non-payment without providing any further notice. You should know that if your tenant tenders the rent, plus the filing fee and any costs related to serving the eviction summons and complaint after you file the action, then Minnesota law considers the tenancy redeemed, and the tenant is restored to possession of the premises.

Dorm-room boundaries

Q: Can you please tell me if college dormitories are subject to the same laws as other landlords? My daughter lives in a college dormitory in St. Paul and has had problems with her resident hall adviser using her key to let a boy into my daughter’s room when my daughter is not there.

My daughter has her own room and religiously locks it upon leaving. This boy, who is fixated on my daughter, has gone into the room to leave flowers and gifts. I am in the process of complaining to the director of housing, but I just wanted to know if the same rules apply to the university as a landlord as they do to an apartment owner.

A: The rules that apply to landlords do not all apply to college dorms. You should contact the Housing Office at your daughter’s school immediately, since this seems like a stalking issue. You need to request that the director of housing at your daughter’s school communicate immediately with the resident adviser in her dorm to prevent these unwanted visits from happening again.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.

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