Q I have rental property in Minnesota, but I live out of state most of the year. I allowed a tenant to move into my house with only half of the first month's rent, because he needed a few more days to get the extra money together.
I assumed that the tenant would pay me the remainder of the rent, but he kept pushing out the day to pay what he owes. I mentioned that if he doesn't pay me soon, I would have to evict him.
He threatened to "play hardball" if it comes to that and said he'd call a housing inspector to report me. He has minor grievances about the place, but nothing that makes it uninhabitable, and none that he's brought up to me in writing.
What should I do?
A If your tenant doesn't pay all outstanding rent, you should consider an eviction action.
First, you need to know that acceptance of a partial payment of rent might block you from filing an eviction action in the month you have accepted the partial payment. So, you should make sure your tenant knows that you need all outstanding rent money, or you are going to proceed with the eviction action.
If he does give you a partial payment, you might need to return it. If you do return it, make sure that you save copies of any checks or money orders so you can document what you received, and you should also consider sending the money back by certified mail.
Second, if there are outstanding repair issues, you might want to consider having them fixed if they go to the issue of habitability. If they are minor issues, such as a spot on the carpet, he probably doesn't have a right to withhold rent. But if they are major issues, such as no heat or the oven doesn't work, the court will most likely require that they be fixed.
