Collecting Rent in a Minnesota Eviction

Collecting Rent in a Minnesota Eviction

Minnesota landlords typically have two main concerns when it comes to dealing with a tenant who is behind on rent. The landlord is first concerned about collecting past due rent, and ensuring that they receive the funds due. Secondarily, the landlord also wishes to obtain possession of the property if it appears that the tenant cannot or will not pay rent.

While these considerations go hand in hand, there is often some confusion as to how they are addressed in Minnesota eviction court. Minnesota housing court and eviction matters are primarily geared towards determining possession, meaning that a judge will decide who is entitled to possession of the leased property. However, housing court judges do not provide money judgments to landlords who are owed rent, meaning that a landlord will usually have to seek the money elsewhere.

However, it is not always the case that the landlord will need to forego receipt of funds in an eviction. Many smart landlords actually use the eviction process as a tool to secure prompt payment of unpaid rent. While there are several ways to accomplish this and structure payment, the most common and effective is to enter into a settlement agreement where possession is contingent on a payment plan or schedule. This can ensure the landlord that they either receive full payment by an agreed upon date, or they are entitled to possession of the property without having to return to court.

An agreement structured in this manner can also include a provision that the tenant still has to vacate the property by a certain date, and must make specified payments in order to remain until that date. Minnesota eviction settlement agreements come with great flexibility, and can assist landlords in obtaining the best of both worlds. Often, an experienced Minnesota eviction attorney can help a landlord collect on a past due rent balance and obtain possession of the property in a timely and efficient manner.

If you are involved in a nonpayment of rent or other Minnesota eviction matter or landlord-tenant dispute, call the Roseville eviction attorneys at RAM Law PLLC at 651-468-2103 or submit our online submission form.