How do we go about the eviction process?

We rent out a 1bedroom apartment in the basement of our home. We need to evict the current tenant for possession and use of illegal drugs on the property. I’m not sure if we can give him a “Notice to Quit” first, or if we need to just file an eviction case with the court system right away? I also would like to know, if we do just give him the Notice to Quit first, how many days by law we have to give him to vacate the premises? All I can find for MN law is that the tenant must be given 30 days to vacate for non payment of rent, and that is not the case here.

Asked on September 5, 2011 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You first need to carefully read your written lease (assuming you have one) with your tenant in that its terms and conditions control the obligations owed to the tenant and vice versa in the absence of conflicting state law. Look to see if there are any provisions within the written lease that the tenant may have violated as a basis for terminating the lease. If so, state such as a basis in the written thirty (30) day notice of termination.

If the tenant is on a month-to-month tenancy, you can serve him or her with the written notice of termination as another basis for ending the lease. Finally the use of illegal drugs on the premises is a basis to end the tenancy.

You need to give at least thirty (30) days notice to end the lease upon the tenant. Do not give him a three (3) day notice to pay or quit. You just want to end the lease. If the tenant fails to leave after thirty (30) days service of the notice to terminate, you will have to file an unlawful detainer action and have it served upon him through the court process.

You might wish to consult with a landlord tenant attorney to assist you since you have a tenant using illegal drugs on your property.

Good luck.


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