LESSON 5 EVICTION
Eviction
The Law
WHEN CAN MY LANDLORD END THE LEASE?
With proper written notice (one month and a day), a landlord can end a month-to-month tenancy unless the landlord is retaliating or discriminating against the tenant. Definite term leases can be ended only according to the notice specified in the lease, or if there has been a significant breach in the lease. Landlords cannot forcibly remove tenants. In order to evict a tenant, a landlord must first bring an “Unlawful Detainer Action” (eviction).
I HAVE JUST BE GIVEN AN EVICTION NOTICE, WHAT SHOULD I DO?
Your landlord can file an eviction if you don’t pay the rent on time, if you break the lease, or if you stay in the apartment after you were given proper notice to leave. If this happens, call your lawyer or local legal aid office for help immediately. You don’t need a lawyer to fight an eviction, but it helps. You will receive the notice from court at least seven days before the hearing on the Unlawful Detainer Action (eviction). • Try to settle the case with your landlord. If you owe rent, try to set up a payment plan. If you make a deal, put it in writing, have both of you sign it, and bring it to court on the hearing date. Don’t skip court, even if you have made a deal. Don’t miss the hearing. Don’t be late or you will lose your case by default. Even if you have no defenses to the eviction, you can ask the court to give you seven days to move. Bring any money you owe with you to court, including rent and late fees owed and the landlord’s court filing fee. Evictions can be reported by credit agencies and tenant screening services for seven years. Although you cannot take them off of your record, you can submit a statement explaining them.
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CAN THE LANDLORD LOCK ME OUT?
No. It is a misdemeanor for a landlord to physically lock out a tenant from the tenant’s rental unit without a court order. This includes removing and changing locks.
CAN I BE EVICTED IN THE WINTER?
Yes. You can be evicted any time of the year.
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LESSON 5 EVICTION
IF I LOSE AN EVICTION CASE, HOW LONG WILL I HAVE TO MOVE OUT?
As little as 24 hours. The most time you will get is 7 days.
CAN I BE EVICTED FOR SOMETHING A VISITOR DID?
Yes. In general, you are responsible for the actions of your children and guests.
CAN I BE EVICTED FOR ILLEGAL ACTIVITIES?
Yes. Every residential lease now includes a requirement that the following activities will not be allowed on the premises: making, selling, possessing, purchasing or allowing illegal drugs, illegally using or possessing firearms, or allowing prostitution or related activities. A tenant violating this law loses the right to rent the property and an unlawful detainer action will be filed. In some cases, the landlord will forfeit the property if he or she fails to evict the tenant.
CAN I BE KICKED OUT?
Although a landlord cannot remove you from your apartment with force, a sheriff or sheriff’s deputy can physically evict a tenant. After the court decides that you can be evicted, an order is issued and posted on the premises at least 24 hours before the actual eviction. After 24 hours, the sheriff can perform the eviction.
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LESSON 5 EVICTION
Eviction
Questions
1. Give three reasons why a landlord can evict a tenant?
2.
What are four things I should remember if I have been given an eviction notice?
3.
What can happen if drugs are being sold in my apartment?
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LESSON 5 EVICTION
Eviction
Activity: Your Turn
List all of the things that you can do to get kicked (evicted) out of your apartment. • • • • • • • • • • • • • • •
By Mike Vraa, Community Action for Hennepin County
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LESSON 5 EVICTION
Eviction
Activity: Tenant/Landlord Law Quiz
The following are fictional cases. Assume that each takes place in Minnesota.
1. Tim Allen is busy talking to his neighbor when he has a minor problem in his apartment-a leaking faucet. Rather then calling Al, the building caretaker, he decides to fix it himself. He figures that if he does the "home improvement" then he can deduct the cost from his rent. This is: True__________ 2. False__________
Tim's attempts the repair, but the faucet still leaks. So, Tim decides to withhold his rent to get his landlord's attention. Tim's wife points out that they now face eviction. This is: True__________ False__________
3.
In their spare time. Nev Campbell and Courtney Cox co-own a small apartment building. When they aren't making sequels, they like to visit the apartments. Even though the tenants aren't in, Nev and Courtney feel they can let themselves in since they are the owners of the property. This is: True__________ False__________
4.
Newt Gingrich is a good ol' boy who likes to raise the roof occasionally. He also likes to raise the rent a lot in an apartment building he owns. In fact, Newt--who always has month-to-month leases with his tenants--feels he can raise the rent as often as he likes as long as he gives proper notice. This is: True__________ False__________
5.
Rosie O'Donnell moves from New York to Minneapolis. It's too cold to go outside in January, so she doesn't show up for some of her shows, doesn't get paid, and falls behind in her rent. "Don't worry," barks her dog Petey, "in Minnesota you can't get evicted in the winter." This is: True__________ False__________ Dennis Rodman is renting a super-luxury apartment in Fridley, where he pays $1,000 per month rent on the first of every month. One month on the 15th, his hair turns blond because the landlord sent him a notice to move out by the 15th of next month. This "notice to quit" is a proper notice and Dennis had better get packing. This is: True__________ False__________
6.
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LESSON 5 EVICTION 7. Luke Skywalker and Han Solo are living in Eagan renting an apartment because it's close to their "hidden" rebel base. They find out that a new Death Star is being built and decide to leave town to blow it up. "We don't have to pay our last month's rent kid," Han says, "we'll let our security deposit cover it." This is: True__________ 8. False__________
Tom Cruise and Nicole Kidman's apartment needs some heavy-duty repairs and they think it's below city standards. Their landlord won't do a thing. They're afraid to call the city inspections department because they're sure their landlord will kick them out immediately for calling the inspector. One of those pampered little Cruises pipes up and says that it wouldn't be legal for the landlord to do that. This is: True__________ False__________
9.
Kevin Garnett was getting over a shooting slump just when his landlord put him in another slump. His landlord had served him with an eviction summons to housing court, saying Kevin owed rent. Garnett remembered that he, in fact, had paid his rent. He decided it was best to simply ignore the summons and skip court. This is: True__________ False__________
10.
The Artist formerly known as Prince complains to you that, for months, he had lived like a king in his rented apartment. His last landlord took all his property because his rent was overdue. "The Artist" figures that taking his property was legal because he owed rent, so there is nothing he could do. This is: True__________ False__________
11.
Michael Jordan and Charles Barkley rent an apartment together in Hopkins since they joined the Timberwolves. They both signed the lease and each pays half the rent. Now, Sir Charles has been transferred to the Clippers and Jordan gets an eviction letter for overdue rent. Michael figures he can't be evicted because he has paid his half of the rent so the landlord's beef is with Charles. This is: True__________ False__________
12.
Cosmo Kramer was denied an apartment based on the report from a tenant screening company. When he looks at the report, he realizes that many of the items reported are for a Kramer Cosmo, and not his at all. He does see one eviction that is his, but it was from the landlord who had once rented him a condemned apartment. He had left that dump rather than complain. The tenant screening company tells Cosmo that there is nothing they can do about this problem. This is: True__________ False__________
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LESSON 5 EVICTION 13. John Travolta and his wife Kelly Preston are looking for an apartment. They tell a landlord that they want to move into his apartment because it's close to the Church of Scientology. The landlord says, "Sorry, I don't rent to Scientologists. The last Scientologist I had tore up the place." As they're leaving, Kelly tells John, "I think that was discrimination." This is: True__________ False__________
Quiz developed by Mike Vraa, Community Action for Suburban Hennepin County
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