I live in Burnsville, MN - Dakota County. My rent was late 20 days and the company who owns the building filed an eviction. I was served with the eviction notice on July 20th and my court date was scheduled for this Monday, July 30th.
I have two questions: First, is it legal for them to file an eviction if my rent was only 20 days late? Secondly, there are only 10 days between the date the eviction was filed and the actual court date. Is that also legal? Don't they have to give me 30 days to vacate or make the payment, from the time they file the eviction? In this case, if they filed on July 20th, shouldn't I have until August 20th? Last question, what are my options and how should I proceed in court on Monday? I don't have a lawyer and I'm really scared of losing my apt. Please help.
Look to your lease as to what constitutes a breach and for a notice period. Non-payment of rent is generally considered a significant breach of the lease. There is nothing in the law that allows you to pay your rent late. As for the eviction notice, by law the court hearing must be held within 7 to 14 days after the summons is issued.
If you cannot pay your late rent, interest, costs, and attorney's fees, then the court likely will issue a writ of restitution which means you must vacate the premises. You may have a defense to this eviction, but without seeing the lease and knowing more about your situation it is impossible to say for sure. You should check out the self-help center of the Minnesota courts website here: http://www.mncourts.gov/selfhelp/?page=314. The site also has organizations to contact for guidance if you cannot afford to hire an attorney.
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