If you are a landlord, you may have to deal with evictions every once in a while. It is important to realize that certain actions made by you may be perceived as a waiver of the eviction notice to your tenants. “Whether a landlord’s conduct manifests waiver is ordinarily a question of fact.” Pollard v. Southdale Gardens of Edina Condo. Ass’n, Inc., 698 N.W.2d 449, 453 (Minn. App. 2005). This means that the issue is normally decided by a jury based on the facts of the case unless there is already case law laying out whether or not those actions are considered a valid waiver.
Accepting a rent check is an example of an action that was previously decided in a case, and constitutes a valid waiver. “A landlord’s acceptance of a rent payment, after giving notice to quit, may show waiver of that notice”. Pappas v. Stark, 142 N.W. 1046, 1047 (Minn. 1913). This is because “the landlord, by accepting the rent, effectively reaffirms the lease between parties.” Oak Glen of Edina v. Brewington, 642 N.W.2d 481, 486 (Minn. App. 2002).
In order to avoid a waiver of notice, it is important to make sure you are careful about your actions and intentions. If you have any questions about what actions may constitute a waiver of notice, I would be happy to help you.
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