Is it legal for the landlord to serve us with a typed 30 day eviction notice not from the court?
Full Question:
Landlord served us papers typed by them stating "They are termination our tenancy.This constitutes a proper 30 day notice to "vacate" the property located @... on or before...
It's not on a legal form from the courts.
Is "Vacate" mean the same as "Evict" if so, doesn't this have to be done by the courts on a legal form and a court date set by the judge? If "Vacate" means the same as "Evict" does that also have to go through the courts and on a legal court form.
11/16/2007 |
Category: Landlord Ten... ยป Lease Violat... |
State: Minnesota |
#12392
Answer:
The following are Minnesota statutes:
504B.135 Terminating Tenancy at Will.
(a) A tenancy at will may be terminated by either party by giving
notice in writing. The time of the notice must be at least as long as the
interval between the time rent is due or three months, whichever is
less.
(b) If a tenant neglects or refuses to pay rent due on a tenancy at
will, the landlord may terminate the tenancy by giving the tenant 14 days
notice to quit in writing.
504B.285 Eviction Actions; Grounds; Retaliation Defense; Combined
Allegations.
Subdivision 1. Grounds. The person entitled to the premises may recover
possession by eviction when:
(1) any person holds over real property:
(i) after a sale of the property on an execution or judgment;
(ii) on foreclosure of a mortgage and expiration of the time for
redemption; or
(iii) after termination of contract to convey the property, provided
that if the person holding the real property after the expiration of the
time for redemption or termination is a tenant, the person has received:
(A) at least one month's written notice to vacate no sooner than one
month after the expiration of the time for redemption or termination,
provided that the tenant pays the rent and abides by all terms of the
lease; or
(B) at least one month's written notice to vacate no later than the
date of the expiration of the time for redemption or termination, which
notice shall also state that the sender will hold the tenant harmless for
breaching the lease by vacating the premises if the mortgage is redeemed
or the contract is reinstated;
(2) any person holds over real property after termination of the time
for which it is demised or leased to that person or to the persons under
whom that person holds possession, contrary to the conditions or
covenants of the lease or agreement under which that person holds, or
after any rent becomes due according to the terms of such lease or
agreement; or
(3) any tenant at will holds over after the termination of the tenancy
by notice to quit.
Subd. 2. Retaliation defense. It is a defense to an action for recovery
of premises following the alleged termination of a tenancy by notice to
quit for the defendant to prove by a fair preponderance of the evidence
that:
(1) the alleged termination was intended in whole or part as a penalty
for the defendant's good faith attempt to secure or enforce rights under
a lease or contract, oral or written, under the laws of the state or any
of its governmental subdivisions, or of the United States; or
(2) the alleged termination was intended in whole or part as a penalty
for the defendant's good faith report to a governmental authority of the
plaintiff's violation of a health, safety, housing, or building code or
ordinance.
If the notice to quit was served within 90 days of the date of an act
of the tenant coming within the terms of clause (1) or (2) the burden of
proving that the notice to quit was not served in whole or part for a
retaliatory purpose shall rest with the plaintiff.
Subd. 3. Rent increase as penalty. In any proceeding for the recovery
of premises upon the ground of nonpayment of rent, it is a defense if the
tenant establishes by a preponderance of the evidence that the plaintiff
increased the tenant's rent or decreased the services as a penalty in
whole or part for any lawful act of the tenant as described in
subdivision 2, providing that the tenant tender to the court or to the
plaintiff the amount of rent due and payable under the tenant's original
obligation.
Subd. 4. Nonlimitation of landlord's rights. Nothing contained in
subdivisions 2 and 3 limits the right of the landlord pursuant to the
provisions of subdivision 1 to terminate a tenancy for a violation by the
tenant of a lawful, material provision of a lease or contract, whether
written or oral, or to hold the tenant liable for damage to the premises
caused by the tenant or a person acting under the tenant's direction or
control.
Subd. 5. Combining allegations. (a) An action for recovery of the
premises may combine the allegation of nonpayment of rent and the
allegation of material violation of the lease, which shall be heard as
alternative grounds.
(b) In cases where rent is outstanding, a tenant is not required to pay
into court the amount of rent in arrears, interest, and costs as required
under section 504B.291 to defend against an allegation by the landlord
that the tenant has committed a material violation of the lease.
(c) If the landlord does not prevail in proving material violation of
the lease, and the landlord has also alleged that rent is due, the tenant
shall be permitted to present defenses to the court that the rent is not
owing. The tenant shall be given up to seven days of additional time to
pay any rent determined by the court to be due. The court may order the
tenant to pay rent and any costs determined to be due directly to the
landlord or to be deposited with the court.
504B.291 Eviction Action for Nonpayment; Redemption; Other Rights.
Subdivision 1. Action to recover. (a) A landlord may bring an eviction
action for nonpayment of rent irrespective of whether the lease contains
a right of reentry clause. Such an eviction action is equivalent to a
demand for the rent. In such an action, unless the landlord has also
sought to evict the tenant by alleging a material violation of the lease
under section 504B.285, subdivision 5, the tenant may, at any time before
possession has been delivered, redeem the tenancy and be restored to
possession by paying to the landlord or bringing to court the amount of
the rent that is in arrears, with interest, costs of the action, and an
attorney's fee not to exceed $5, and by performing any other covenants of
the lease.
(b) If the tenant has paid to the landlord or brought into court the
amount of rent in arrears but is unable to pay the interest, costs of the
action, and attorney's fees required by paragraph (a), the court may
permit the tenant to pay these amounts into court and be restored to
possession within the same period of time, if any, for which the court
stays the issuance of the order to vacate under section 504B.345.
(c) Prior to or after commencement of an action to recover possession
for nonpayment of rent, the parties may agree only in writing that
partial payment of rent in arrears which is accepted by the landlord prior
to issuance of the order granting restitution of the premises pursuant to
section 504B.345 may be applied to the balance due and does not waive the
landlord's action to recover possession of the premises for nonpayment of
rent.
(d) Rental payments under this subdivision must first be applied to
rent claimed as due in the complaint from prior rental periods before
applying any payment toward rent claimed in the complaint for the current
rental period, unless the court finds that under the circumstances the
claim for rent from prior rental periods has been waived.
Subd. 2. Lease greater than 20 years. (a) If the lease under which an
action is brought under subdivision 1 is for a term of more than 20
years, the action may not begin until the landlord serves a written
notice on the tenant and on all creditors with legal or equitable
recorded liens on the property. The notice must state: (1) the lease will
be canceled unless the amounts, agreements, and legal obligations in
default are paid or performed within 30 days, or a longer specified
period; and (2) if the amounts, agreements, and legal obligations are not
paid or performed within that period, then the landlord may evict the
tenant at the expiration of the period.
(b) If the lease provides that the landlord must give more than the 30
days' notice provided in paragraph (a), then notice must be the same as
that provided in the lease.
(c) The tenant may be restored to possession of the property under the
terms of the original lease if, before the expiration of six months after
the landlord obtains possession due to the tenant's abandonment or
surrender of the property or the landlord prevails in the action, the
tenant or a creditor holding a legal or equitable lien on the property:
(1) pays to the landlord or brings into court the amount of rent then in
arrears, with interest and the costs of the action; and (2) performs the
other agreements or legal obligations that are in default.
Subd. 3. Recording of eviction or ejectment actions. Upon recovery of
possession by the landlord in the action, a certified copy of the judgment
shall, upon presentation, be recorded in the office of the county
recorder of the county where the land is situated if unregistered land or
in the office of the registrar of titles of the county if registered land
and upon recovery of possession by the landlord by abandonment or
surrender by the tenant an affidavit by the landlord or the landlord's
attorney setting forth the fact shall be recorded in a like manner and
the recorded certified copy of the judgment or the recorded affidavit
shall be prima facie evidence of the facts stated therein in reference to
the recovery of possession by the landlord.
504B.301 Eviction Action for Unlawful Detention.
A person may be evicted if the person has unlawfully or forcibly
occupied or taken possession of real property or unlawfully detains or
retains possession of real property.
A seizure under section 609.5317, subdivision 1, for which there is not
a defense under section 609.5317, subdivision 3, constitutes unlawful
detention by the tenant.
504B.321 Complaint and Summons.
Subdivision 1. Procedure. (a) To bring an eviction action, the person
complaining shall file a complaint with the court, stating the full name
and date of birth of the person against whom the complaint is made,
unless it is not known, describing the premises of which possession is
claimed, stating the facts which authorize the recovery of possession,
and asking for recovery thereof.
(b) The lack of the full name and date of birth of the person against
whom the complaint is made does not deprive the court of jurisdiction or
make the complaint invalid.
(c) The court shall issue a summons, commanding the person against whom
the complaint is made to appear before the court on a day and at a place
stated in the summons.
(d) The appearance shall be not less than seven nor more than 14 days
from the day of issuing the summons, except as provided by paragraph
(b).
(e) A copy of the complaint shall be attached to the summons, which
shall state that the copy is attached and that the original has been
filed.
Subd. 2. Expedited procedure. (a) In an eviction action brought under
section 504B.171 or on the basis that the tenant is causing a nuisance or
other illegal behavior that seriously endangers the safety of other
residents, their property, or the landlord's property, the person filing
the complaint shall file an affidavit stating specific facts and
instances in support of why an expedited hearing is required.
(b) The complaint and affidavit shall be reviewed by a referee or judge
and scheduled for an expedited hearing only if sufficient supporting
facts are stated and they meet the requirements of this paragraph.
(c) The appearance in an expedited hearing shall be not less than five
days nor more than seven days from the date the summons is issued. The
summons, in an expedited hearing, shall be served upon the tenant within
24 hours of issuance unless the court orders otherwise for good cause
shown.
(d) If the court determines that the person seeking an expedited
hearing did so without sufficient basis under the requirements of this
subdivision, the court shall impose a civil penalty of up to $500 for
abuse of the expedited hearing process.
