Eviction Interview Guide

Use this interview guide for clients who are facing eviction.  Remember that this interview guide is intended to cover the topics most likely to be at issue for your client, but may not cover every situation.

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  1. Service of summons and complaint

    2. 1. Service of summons and complaint

    How were you served?

    Were you served at least 7 days before the date of the initial appearance?

    Yes No

    When were you served?

  2. Personal service

    3. 2. Personal service

    Complete if service was via personal service.

    Who served you?

    Was the person who served you the landlord or an employee of the landlord?

    Yes No

    Were the summons and complaint served on someone who is age 14 or younger?

    Yes No

    Were the summons and complaint served on someone who does not live in your household?

    Yes No

    Did each adult on the lease or rental agreement receive his/her own copy of the summons and complaint?

    Yes No

  3. Service by posting

    4. 3. Service by posting

    Complete if service was by posting.

    Did you find the summons and complaint taped to your door?

    Yes No

    Have you been away from home in the past week?

    Yes No

    Is it possible that the Sheriff could have tried to serve you both during daytime and evening hours and you were not home?

    Yes No

    Did you receive a copy of the summons and complaint in the mail?

    Yes No

  4. Tenant’s objective

    5. 4. Tenant’s objective

    Do you want to stay in the property?

    Yes No

    Can you afford to stay?

    Yes No

    Do you want to move from the property?

    Yes No

    How soon can you be out?

  5. Information about the tenancy and lease

    6. 5. Information about the tenancy and lease

    When did you move in?

    What is your rent?

    Do you pay utilities?

    Yes No

    Do you have a written lease?

    Yes No

    What kind of unit is it (single family dwelling, duplex, multifamily building)?

    How many units are there in the building?

  6. Nonpayment of rent – basic information

    7. 6. Nonpayment of rent – basic information

    Complete this section if the eviction is based on nonpayment of rent.

    Do you dispute the amount of rent your landlord says you owe?

    Yes No

    Have you made payments for which your landlord is not giving you credit?

    Yes No

    Do you have receipts or other proof of payment?

    Yes No

    Does your landlord give you a receipt for payments made in cash?

    Yes No

    When did you make your last rent payment?

    Is your rental unit licensed by the city where the property is?

    Yes No

    Does your lease require your landlord to give you a written notice before evicting you for nonpayment of rent? If so, has s/he given you the notice?

  7. Nonpayment of rent – late fees and other improper charges

    8. 7. Nonpayment of rent – late fees and other improper charges

    Complete this section if the eviction is based on nonpayment of rent.

    Does the amount claimed include fees for non-rent items such as a parking spot, storage space, washer/drier use, or garage?

    Yes No

    Does your lease provide for a late fee?

    Yes No

    If so, is it more than 8% of the past due rent?

    Yes No

    Does the amount your landlord is claiming you owe include charges other than rent?

    Yes No

  8. Lease violation – grounds for lease violation

    9. 8. Lease violation – grounds for lease violation

    Complete this section if the eviction is based on a lease violation.

    Is the violation you are being accused of an act that is prohibited in your lease or rental agreement?

    Yes No

    If not, or if you have no written lease or rental agreement, is your landlord accusing you of illegal activity such as drug possession or trafficking, prostitution, illegal possession of firearms, or holding stolen property?

    Yes No

    Have police been called to your unit because of noise or disturbances?

    Yes No

    If there were police calls to your unit, who made the call?

    Did neighbors call because of noise or disturbance?

    Yes No

    Did you call because you needed police assistance?

    Yes No

  9. Lease violation – notice

    10. 9. Lease violation – notice

    Complete this section if the eviction is based on a lease violation.

    Does your lease require your landlord to give you written notice of lease violation before evicting you?

    Yes No

    Did you get any written notices of lease violation before your landlord filed the eviction?

    Yes No

  10. Lease violation – waiver

    11. 10. Lease violation – waiver

    Complete this section if the eviction is based on a lease violation.

    Did your landlord accept any rent payments after sending you notice of a lease violation?

    Yes No

    Is there anything in your lease that says your landlord does NOT waive the right to evict for lease violations by accepting rent?

    Yes No

  11. Lease violation – reasonable accommodation of disability

    12. 11. Lease violation – reasonable accommodation of disability

    Complete this section if the eviction is based on a lease violation.

    If you did violate the lease, were your actions the result of a physical or mental disability or illness?

    Yes No

    Is there something you or your landlord can do to make it unlikely that you will have similar problems in the future?

    Yes No

  12. Eviction of month to month tenant by notice to quit

    13. 12. Eviction of month to month tenant by notice to quit

    Complete this section if the client has a month-to-month lease.

    Do you have an expired lease or rental agreement?

    Yes No

    What day of the month is your rent payment due?

    During what month did your landlord give you written notice terminating your tenancy?

  13. Eviction of tenant of foreclosed property

    14. 13. Eviction of tenant of foreclosed property

    Complete this section if the client’s rental property went through foreclosure.  See Minn. Stat. § 504B.285 for more information.

    Did your landlord lose the property you are renting in a mortgage foreclosure?

    Yes No

    When did your landlord’s redemption period expire?

    Did you get a notice to quit from the new owner (generally a bank or other lending institution)?

    Yes No

    Did the notice from the new owner give you at least 90 days to vacate?

    Yes No

  14. Eviction of tenant of property forfeited in contract for deed cancellation

    15. 14. Eviction of tenant of property forfeited in contract for deed cancellation

    Complete this section if the client’s rental property was subject to a contract for deed that was cancelled.

    Did your landlord lose the property you are renting in a contract for deed cancellation?

    Yes No

    If so, did the new owner give you at least a 60 day notice to vacate?

    Yes No

  15. Habitability

    16. 15. Habitability

    Does your unit need repairs?

    Yes No

    If so, have you notified the landlord in writing?

    Yes No

    Do you have copies of letter(s) you have sent?

    Yes No

    Have you contacted the housing inspector for your city to request an inspection?

    In Minneapolis, call 311.  In St. Paul, call 651-266-8989.  In other parts of the state call First Call for Help at 211 or 1-800-543-7709 to check whether the city has a housing inspector.

    Yes No

    Is there an inspection report?

    Yes No

    If you have withheld rent, do you still have it?

    Yes No

    Have you had repairs made at your own expense?

    Yes No

    If so, how much did you spend, when did you incur the expense, and do you have receipts?

    Has your landlord’s failure to make repairs cost you extra money, such as excess heat usage because of leaky windows?

    Yes No

    Describe the defective conditions in your unit. How do they affect your daily life?

  16. Utilities

    17. 16. Utilities

    See Minn. Stat. § 504B.215 for information.

    Is there more than one rental unit using a single meter for gas, water, sewer, or electricity?

    Yes No

    If so, did your landlord tell you before you signed the lease that you had a shared meter?

    Yes No

    If you discovered that the meter was shared after you moved in, did you bring the shared meter to your landlord’s attention?

    Yes No

    If you brought the shared meter to your landlord’s attention, did your landlord put the utility in his/her own name after?

    Yes No

    If your landlord told you about the shared meter before you signed your lease, did your landlord give you information about the utility usage history of your building?

    Yes No

    If your landlord told you about the shared meter before, is the shared meter in your landlord’s name?

    Yes No

    Does your lease tell you how the cost of the utility will be shared between you and the other tenant(s)?

    Yes No

    If so, it that method fair?

    Yes No

    Have you been paying more in utility costs than you should because either a common area or another tenant’s electric usage is on your meter?

    Yes No

  17. Retaliatory eviction

    18. 17. Retaliatory eviction

    See Minn. Stat. § 504B.285 for more information.

    Did you make a complaint to the housing inspector or any other governmental agency about your landlord in the 90 days before you received the notice to quit?

    Yes No

    Did you take any other action to enforce your legal rights against your landlord within 90 days before you received the notice to quit?

    Yes No

  18. Counterclaim – utility shut-off

    19. 18. Counterclaim – utility shut-off

    Has your landlord shut off your utilities in the past several months?

    Yes No

    Was the shut off deliberate?

    Yes No

    Was it for a legitimate reason such as repairs?

    Yes No

    Have your utilities been shut off because your landlord did not pay a bill that was his/her responsibility under the lease?

    Yes No

  19. Counterclaim – lock out

    20. 19. Counterclaim – lock out

    Has your landlord locked you out of your house/apartment in the past several months?

    Yes No

  20. Settlement – redemption

    21. 20. Settlement – redemption

    Complete this section if the eviction is based on nonpayment of rent.  See Minn. Stat. § 504B.291 for more information.

    Are you able to pay the rent you owe, plus court costs and (if landlord is represented by an attorney) $5 in attorneys fees within 7 days of your court appearance?

    Yes No

    If so, would you rather pay that money to your landlord and stay, or use it to move?

    If you want to pay and stay, but can’t pay the whole amount in 7 days, will you be able to pay in the near future?

    Yes No

    What kind of payment plan is affordable to you?

  21. Settlement – move out

    22. 21. Settlement – move out

    How much time do you need to be out?

    Do you have a place to go? If so, when will it be available?

    Do you need more than 7 days to move out? If so, are you able or willing to make any payments to your landlord for the extra time?