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Lanlord wants to drive me out rather than give notice

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okaynowwhat

Junior Member
Minnesota.
No lease, month-to-month tenancy.

The caretaker has been routinely hostile towards me with the intent, I've discovered, of trying to make me leave voluntarily. Apparently they're under the impression that they could be sued if they gave me notice without any "just cause". I've been assuming that a landlord could give a tenant notice for no reason at all as long as it isn't retaliatory, and it meets the basic legal requirements of a 30-day forewarning, etc.

I'm wondering if I can seek damages for the way I was treated, in the form of moving expenses, etc, so my question is about what scenario better supports my case: If I wait for them to evict me, it would seem to raise the question of how I could remain in an environment that was allegedly so problematic for me. If I leave voluntarily, do I take on a greater burden of proof, and forfeit a possible card I would have against them in court?

Thanks in advance for any advice.
 


atomizer

Senior Member
Your landlord is not required by law to be amiable, or courteous. He can be as obtuse as he likes. Harassment is another issue and you will have to prove that in court if that’s what you’re after.
 

Banned_Princess

Senior Member
yea, the landlord can act however he wants to you.

if you dont want to move, then keep paying your rent. obviously he wouldnt know how to evict you, if he doesnt even know how to ask you to move properly.

if you want to move, give him his notice in writing and move.

whats the problem here?
 

okaynowwhat

Junior Member
Assume it's not a case of him merely being unlikeable, and that I have a valid legal complaint. (Threats, damage to property, etc. I'll leave it at that for now.)

Let's boil it down a bit:
- Does he need a reason to give notice?
- Is there any scenario where giving notice could result in his being sued?

I'm probably seeing this in the wrong light anyway, in that it's not a question of landlord-tenant law. But I'm still curious to know the answer to the questions above.
 

Banned_Princess

Senior Member
Assume it's not a case of him merely being unlikeable, and that I have a valid legal complaint. (Threats, damage to property, etc. I'll leave it at that for now.)
You are welcome to file police reports, or call the cops while he is harassing you.


Let's boil it down a bit:
- Does he need a reason to give notice?
no. he needs NO REASON

If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the law provides that written notice must be received by the other party at least one full rental period before the last day of the tenancy. This means the day before the last rent payment is due. (128) Office of Minnesota Attorney General Lori Swanson


Eviction Actions (Unlawful Detainer)

Landlords cannot forcibly remove tenants. In order to evict a tenant, a landlord must first bring an “Eviction Action,” or what used to be called an “Unlawful Detainer” action against the tenant. This is a legal proceeding conducted in district court. To bring such an action the landlord must have a legitimate reason. According to state law, legitimate reasons can be nonpayment of rent, other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy’s last day has passed. (153)


- Is there any scenario where giving notice could result in his being sued?

NO WAY.
 

okaynowwhat

Junior Member
Yeah, that's what I thought. Had to run it by someone though. Confusing why they never kicked me out. I guess they either don't realize there aren't any repercussions to giving me notice, or they get off on f***ing with me, or...

Well anyway, thanks for the info and fast replies.
 

FarmerJ

Senior Member
O our state statutes require one whole rental period of notice for month to month renters. So If your going to shop for a new place proper notice from you to be out at the end of Feb your written notice needs to be sent to LL via confirmed mail delivery and into the mail system so LL has notice delivered to her/him by sat Jan 30 since 31 falls on Sunday so your best off to get it into the mail the last thur or friday of Jan if you want to leave at the end of Feb, If you dont get it so LL gets it before Feb first youll be on the hook until the end of March if they took you to court. Assume nothing , in the time it takes you to give proper notice the owner could have actually learned what the law is here. BTW the rain turned to ICE 1 hr 45 min to drive 40 miles home from work tonight , Stay put Sat am if you can.
 

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