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

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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

Answers:

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

Answered 10 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.


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