Eviction advisable after business owner's arrest

Q I am the director of a nonprofit organization in the Twin Cities. We have been renting space in the building we own to a local business. The business owner was recently arrested on federal felony charges. All business assets have been seized. Our lease prohibits criminal activity on the property. We have secured a copy of the search warrant, which states that criminal activity did take place on the property.

The business is not current in its rent payments. We are contemplating starting an eviction process. Do you have any suggestions? Can you explain the steps in eviction?

A My suggestion is to immediately start the eviction process. Under Minnesota Statute 504B.285, subdivison 5, the owner of the property can evict with the combined allegation of material violation of the lease, which occurred when your tenant committed a crime on your rental property, plus nonpayment of rent.

You do not have to give any written notice when illegal activity occurs on your property. You should bring a copy of the search warrant and any other proof you have that illegal activity occurred on the property to your local county's housing court office and complete the paperwork for immediate eviction. The clerks at housing court will give you the forms you need. There is a fee, which varies by county.

Q I have been leasing a duplex for two years. I may choose not to renew the lease this time, which is from June 1 to May 31.

My landlord is pressing me for a quick decision or he says he will start bringing potential renters through for tours starting Monday.

How much time do I have to decide whether to renew? Also, if I decide not to renew, can he start bringing potential renters through on tours this early?

Unless your lease says something to the contrary, you have until at least April 30, and maybe until May 31 to decide if you want to renew.

However, if he finds someone else to rent the unit and gives you a timely notice to vacate, then you will have to move. While asking for a decision by March 15 seems a little aggressive, it can take 60 to 90 days to rerent a place, and it sounds like your landlord is worried about that.

Kelly Klein is a Minneapolis attorney. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, post your questions at www.startribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.

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