QUESTION
How can I evict my tenant once 60 day notice expires?
Asked on Nov 11th, 2013 on Landlord and Tenant Law - Minnesota
More details to this question:
My tenant's 60 day notice expires November 30th and she has stated she will not move. I will start an unlawful detainer on the 2nd of December as the 1st is a Sunday but if she pays the rent for December what do I do with it as she will still be residing in our apartment? She pays with a money order.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and advise specific to your jurisdiction, sounds like you will have to evict her.
Answered on Nov 14th, 2013 at 6:05 AM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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Hang onto any payment but don't deposit, as "accepting" payment requires you to start the termination process over again. Just hold onto any payment until you have a judgment against her and then deposit and apply the payments to the judgment.
Answered on Nov 14th, 2013 at 5:41 AM
If you wish to proceed with the eviction you should not accept any rent for the period after the notice expires. Doing so could be construed by the court as a waiver of the notice and continued acceptance of the tenancy.
Answered on Nov 12th, 2013 at 11:35 AM
Business Planning Attorney serving Roseville, MN
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Batten & Beasley, PLLC
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If you accept the rent it will be viewed by the court as a waiver of the notice to quit. Hold onto the original money order and bring it to the hearing, so you can return it in front of the court, or ask the court to allow you to cash if for the time she has been in the unit for December. Do not cash it.
Answered on Nov 12th, 2013 at 11:10 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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You must return any rent covering any period of time after the 60 day period set forth in your 60 day notice has expired. If you accept rent covering any period of time after the 60 day notice period has expired, your notice will be treated as invalid.
Answered on Nov 12th, 2013 at 11:10 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is not a Michigan case as only a 30 day notice is needed.. regardless .. I would not cash the check and start the case..if she moves out before the end of December the entire check will not be yours (only the rent through the date she moves).
Answered on Nov 12th, 2013 at 11:10 AM