Legal Question in Landlord & Tenant Law in Minnesota

Valid lease

A Lease Agreement was entered into between Landlord and Tenant on 10/19/06 with tenant tendering a check for $200.00 in payment of prorated rent for October. The check presented to Landlord was dishonored by Tenant's financial institution. My question is, ''Because Landlord accepted Tenant's check in good faith and entered into the Lease Agreement with Tenant, does the insufficient of the check issued release Landlord from the customary Landlord/Tenant eviction responsibilities and permit Landlord to pursue eviction without the preliminary 30-day notice requirement and possible Unlawful Detainer action?

Thank you very much for your help with this puzzler!


Asked on 10/25/06, 9:04 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Valid lease

Yes,you can bind the tenant to the lease, including bringing an action for the past due (bounced check) amount.

I would need to review the language of the lease, but if the tenant has moved in, you will need to make demand for the amount of rent due, and if not paid, you will need to bring eviction proceedings.

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Answered on 10/26/06, 7:22 am


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