Isn’t it illegal to kick people out in the middle of the winter?

UPDATED: Feb 17, 2011

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Isn’t it illegal to kick people out in the middle of the winter?

My mom and I are living at the house that she and her fiance lived in. My mom’s fiance died of a heart attack. His girls are letting us rent the house but now they gave us until the 28 of this month to get out. Isn’t illegal to kick renters out in the middle of winter?

Asked on February 17, 2011 under Real Estate Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, it is not illegal to kick people out during the winter months.  However, in order to get a tenant to vacate, the tenant must be served with proper notice.  Typically for a month-to-month tenancy (which it appears that you have - no lease), a tenant should be given a 30-day written notice.  If they do not vacate by the date specified in the notice then the landlord can file for an unlawful detainer action (i.e. eviction).  If a landlord tries to get a tenant to leave by using self-help measures (i.e. changing the lock, turning off utilities, etc), then the tenant may have a claim against the landlord for illegal eviction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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