Brooklyn Center’s Pre-Eviction Notice Requirements for Affordable Housing Units

Landlords need to remember that Brooklyn Center requires owners of affordable housing units to provide certain notices to tenants at least 30 days prior to filing an eviction action based on non-payment of rent or a material breach of the lease.

Ordinance Requirements

A summary of Brooklyn Center’s applicable ordinance follows below.

If the basis of the eviction action is for non-payment of rent, the pre-eviction notice must contain the following:

1. The name, mailing address, and telephone number of the person authorized to receive rent;
2. The total amount of money due;
3. A specific accounting of money due by the tenant; and
4. The deadline by which the total amount due must be paid to avoid an eviction action, which must be no earlier than 30 days from the date on which the notice is delivered.

If the basis of the eviction action is a material breach of the lease, the pre-eviction notice must contain the following:

1. The name, mailing address, and telephone number of the owner;
2. A description of the specific conduct that allegedly violates the lease, including the dates of the alleged violations and the person who committed them;
3. Identification of the specific clause of the lease alleged to have been violated;
4. Notification that the tenant has the right to correct the alleged breach;
5. Notification of how the tenant may correct the alleged breach;
6. The deadline by which alleged breach must be corrected to avoid an eviction action, which may be not earlier than 30 days from the date on which the notice is delivered; and
7. A copy of the lease attached to the notice.

Irrespective of the basis of the eviction action, all pre-eviction notices must contain the following:

1. Specific notice that the tenant may be evicted if they do not pay the past due rent or correct the alleged breach of lease by the deadline
2. Information about accessing rental assistance by calling 211 or visiting https://www.211unitedway.org/
3. Information about accessing legal help by visiting the Law Help Website at https://www.lawhelp.mn.org/

Bottom Line

Owners of affordable housing units in Brooklyn Center must ensure they are providing the proper pre-eviction notice to tenants. When determining what information to include in the notice, they must consider the basis for the eviction action. An owner’s failure to comply with these requirements may result in an adverse rental license action, administrative fines, or other penalties provided in law, including without limitation, payment of a tenant’s attorney’s fees and expenses incurred in enforcing these provisions.