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My tenant has not paid the rent for the last 2 months. Can I terminate the tenancy?

My tenant has not paid the rent for the last 2 months. Can I terminate the tenancy?

Full question:

I live in Minnesota. I have rented a house to a tenant and it is a tenancy-at-will. My tenant is not paying the rent for the last 2 months. Can I terminate the tenancy?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Minnesota

Answer:

A tenancy at will is a property tenure that can be terminated at any time by either the tenant or the landlord. In Minnesota, if a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days’ notice to quit in writing. Thus, you may terminate the tenancy by giving the tenant a 14 days’ notice to quit in writing. Provisions related to termination of tenancy-at-will is enumerated in Minn. Stat. § 504B.135. This provides in its pertinent part as:

“(a) ***
(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days’ notice to quit in writing.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much notice does a landlord have to give if not renewing a lease in MN?

In Minnesota, if a landlord chooses not to renew a lease, they must provide written notice. For a lease with a fixed term, the notice period is typically equal to the length of the rental period, but no less than one full rental period. For month-to-month leases, a 30-day notice is generally required. It's important to check the lease agreement for any specific terms regarding non-renewal. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the fastest you can evict a tenant?

In Minnesota, the fastest way to evict a tenant for non-payment of rent is through an expedited process known as an unlawful detainer action. After providing the required 14-day notice to quit for non-payment, if the tenant does not vacate, the landlord can file for eviction. The court process typically takes a few weeks, depending on the court's schedule. However, the exact time can vary based on circumstances. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How much notice does a landlord have to give a tenant to move out in Minnesota?

In Minnesota, a landlord must provide a written notice to a tenant to move out, typically 30 days for month-to-month leases. If the lease is for a fixed term, notice requirements may depend on the lease terms. For tenancies at will, a 14-day notice is required if the tenant has not paid rent. Always refer to the specific lease agreement for any additional requirements. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What's the soonest you can evict a tenant?

In Minnesota, the soonest you can initiate an eviction for non-payment of rent is after providing a 14-day notice to quit. If the tenant does not pay or vacate within that period, the landlord can file for eviction. The court process can take additional time, so the total duration depends on various factors, including court schedules. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Is a 3 day eviction notice legal in Ohio?

In Ohio, a 3-day eviction notice is legal for tenants who fail to pay rent. This notice informs the tenant that they must vacate the property within three days or face eviction proceedings. However, the notice must be properly served according to Ohio law. It's important to follow the correct legal process to avoid complications. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What are the rules for eviction in North Dakota?

In North Dakota, landlords must follow specific rules for eviction, including providing proper notice. For non-payment of rent, a landlord must give a 3-day notice to quit. If the tenant does not vacate, the landlord can file for eviction in court. The process must comply with North Dakota's landlord-tenant laws, which outline the rights and responsibilities of both parties. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*