In Minnesota, how much of a notice must be given to the occupant of a storage unit before the owners can sell or dispose of your things? How long can a payment be late before the storage unit has this right? I was given a 3 day notice, before my payment was even late! I was paid up through 11/27/12 , next payment due 12/28/12. They wrote the notice on 12/18/2012 which was postmarked 12/27/12. I received the notice on or around 12/30/12 and they gave me till the 31st of dec. to pay or move my stuff. They have since disposed of my property, without my knowledge. I had also sent in the payment for Dec. and Jan, but not till after the 31st of December. Because of the late notice...Did they have the right to dispose of my property or can I bring them to court?
Real Estate Attorney
The owner in this fact description did not follow Minnesota law. A default does not occur until one is 15 days late on rent. After this 15 days, the owner must mail you a notice giving you 10 days to pay what is due. If you still do not pay, they must then publish a notice in a local newspaper for two consecutive weeks. The sale can be held 15 days after the first publication. So, in total, 45 days must pass from the date the rent was due before the owner can conduct a sale. If they fail to do so, they are liable for conversion.
These are general statements of law and should not be taken as legal advise. You should consult a lawyer before relying on any of the statements contained herein. Nothing in these statements creates an attorney-client relationship.
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