There are limited ways that a landlord and tenant may end their relationship. Proper notice given by either party to the other following completion of the lease agreement, mutual written agreement between the parties, and eviction.
The word “eviction” is often used to describe the landlord’s termination of the agreement by giving notice. However, the only true “eviction” in Minnesota is one involving the Eviction Action (also called Unlawful Detainer) filed in the appropriate court.
If a tenant fails to pay rent or violates a condition of the lease agreement, the landlord may pursue an Eviction Action. The Eviction Action is filed in the court and served upon the tenant. If the parties fail to come to an agreement or if the tenant fails to pay all money due, the court will issue an order that the tenant move from the property or be removed. It is important to understand that a landlord’s failure to perform maintenance is not a defense to eviction. If a landlord is not following the law by maintaining the rented premises in habitable condition, the tenant has the right to take legal action by using the Rent Escrow Action or the Emergency Tenant Remedies Action.
Once an Eviction Action is filed, it is a part of the public record. Similar to any other court action or judgment, an Eviction Action on a tenant’s record can a tenant to be denied quality housing. Most professional property managers and landlords will disqualify a tenant solely on the basis of a previous Eviction Action. While this might be extreme, it seems to be the current practice in the Twin Cities area.
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