Advice Needed (by Kim [MN]) Oct 5, 2008 1:47 PM|
Advice Needed (by Laura [GA]) Oct 5, 2008 1:50 PM
Advice Needed (by AllyM [NJ]) Oct 5, 2008 2:24 PM
Advice Needed (by John [NJ]) Oct 5, 2008 3:04 PM
Advice Needed (by joann [PA]) Oct 5, 2008 3:47 PM
Advice Needed (by Kim [MN]) Oct 5, 2008 4:45 PM
Advice Needed (by Jody [MN]) Oct 5, 2008 6:33 PM
Advice Needed (by Red [GA]) Oct 5, 2008 6:39 PM
Advice Needed (by Kim [MN]) Oct 5, 2008 6:57 PM
Advice Needed (by CDM [CA]) Oct 5, 2008 7:02 PM
Advice Needed (by billy button [MA]) Oct 6, 2008 7:35 AM
Advice Needed (by Rita [MA]) Oct 6, 2008 7:44 AM
Advice Needed (by Kim [MN]) Oct 6, 2008 8:43 AM
Advice Needed (by Jody [MN]) Oct 6, 2008 10:01 AM
Advice Needed (by Minnesota John [MN]) Oct 6, 2008 10:34 AM
Advice Needed (by Kim [MN]) Oct 6, 2008 10:34 AM
Advice Needed (by Jody [MN]) Oct 6, 2008 11:14 AM
Advice Needed (by Kim [MN]) Oct 6, 2008 11:24 AM
Advice Needed (by June [PA]) Oct 6, 2008 3:02 PM
Advice Needed (by Jody [MN]) Oct 6, 2008 3:20 PM
Advice Needed (by Kim [MN]) Oct 6, 2008 3:32 PM
Advice Needed (by Jody [MN]) Oct 6, 2008 7:10 PM
Advice Needed (by Kim [MN]) Oct 6, 2008 7:17 PM
Advice Needed (by Kim [MN]) Posted on: Oct 5, 2008 1:47 PM
State Specific Question About: MINNESOTA (MN)
I am new to the landlord life! I have a signed lease beginning Oct. 1st. Due to circumatances I was nice enough to allow him to move-in on Sept 24 and pay 1/2 of the months rent on the 26th and the other on the 3rd of Oct. Security deposit was to be divided between the first 3 months of rent. Needless to say he has not paid. They already moved-in on the 24th and have paid less than 1/3 of the agreement. Can I void this lease? What steps can I take. He has started to send me emails about repairs that are not even in my opinion legitimate. Bird's nest in Chimney, woodpecker whole in siding, falling roof shingles, cracked tar on driveway. Needless to say the house was and is very well maintained. Where do I go from here. I love my home and do not want him to trash it. Yet, can not afford a bad tenant. I need to pay my mortgage and would appreciate his funds ASAP. (which I doubt I will ever see) How do I get him out?
Advice Needed (by Laura [GA]) Posted on: Oct 5, 2008 1:50 PM
You cannot void the agreement, but you can insist that it be followed. Follow your state law on issuing a pay or quit for your money owed. If not paid, you will need to evict him.
Stay on it and please act NOW. The amount he owes you will continue to build until YOU stop it! --76.97.x.xxx
Advice Needed (by AllyM [NJ]) Posted on: Oct 5, 2008 2:24 PM
You need to send him a notice to Pay or Quit. There are forms available on this website. Look at the top of the page and it says in one of the blocks "State Specific Rental Forms". Click on that and find your state and a Pay or Quit notice which you put on the door and send regular mail and certified mail and ask for a return receipt so that you can prove you sent it when you go to court.
If he does not pay when he gets this then go to the court house and file for his eviction.
You can't be "nice" to people until you know them. Always get security deposit first and in cash or bankcheck plus first month's rent before you give anyone a key. And you need credit checks. If you can't find a credit company in the yellow pages that will work with you then you go to a realtor and let them find you someone.
Good luck. Get down to the courthouse and file now! Ask the person behind the desk there how to do it and they will help you. --76.99.xxx.xx
Advice Needed (by John [NJ]) Posted on: Oct 5, 2008 3:04 PM
So, he has NOT paid, right? Evict for non-payment. Don't be soft and give into the tenant's excuses or threats. Act now!
New Jersey --68.193.x.xxx
Advice Needed (by joann [PA]) Posted on: Oct 5, 2008 3:47 PM
do some research on being a LL before you rent out again --71.123.xx.x
Advice Needed (by Kim [MN]) Posted on: Oct 5, 2008 4:45 PM
Thank you sooo much! Oh believe me this is the first and last time we will be fooled. I just wish I would have read this first. :-( Just an FYI to other landlord's. Mailbox etc has po boxes that actually list a physical address. Our renter has learned all the tricks. AGAIN, thank you!! --63.228.xx.xxx
Advice Needed (by Jody [MN]) Posted on: Oct 5, 2008 6:33 PM
What part of MN are you in? Reason I ask is that eviction process varies a little bit depending on which judicial district you're in. I'm in the 3rd district.
I posted these instructions on Mr Landlord website on June 6, 2008 for how to do a MN eviction. The steps for my district are:
1. LL serves an unlawful detainer notice to tenant via a neutral third party. This is the "I want you out in 30 days or less" notice.
2. When tenant fails to leave, LL files an eviction complaint in district court. This complaint costs about $90 to file. A court date is then set, typically 2-3 weeks after complaint is filed.
3. Once a court date is set, in MN, LL is obligated to have a neutral third party deliver to tenant a notice of time and place to appear in court for eviction hearing. This notice must be served least 7 days before the court date (cannot serve on holiday or weekend). If tenant won't or doesn't answer the door, notice may be taped to door.
The neutral third party that serves the tenant with the notice of upcoming court date must also sign a form called an "Affidavit of Posting" in the presence of a notary. Then the notarized form must be filed with the court at least 3 business days before the court date.
3. LL and tenant attend court hearing. Judge rules. If judge rules in your favor AND you want tenant out, rather than to receive back rent, YOU must file a "Writ of Recovery" with the court. A Writ costs about $75-100. The Writ is then served on the tenant by the sheriff (NOT YOU!!) for an extra fee. The Writ will state that the tenant must be out within 24 hours. Note that the sheriff's office is not responsible for insuring the tenant leaves in 24 hours. That's your job. If the tenant doesn't leave, the LL then has up to 30 dyas to SCHEDULE a set out by the sheriff. This set out costs extra (approx $100-150) for the deputies to stand there while the tenant packs up and leaves.
All together, a MN eviction without an attorney costs about $300. With an attorney, at least in my area, it's only about $100-150 more. The $300 minimum cost does not include the cost to store the tenant's left-behind items for the required 60 days. --96.42.xx.xxx
Advice Needed (by Red [GA]) Posted on: Oct 5, 2008 6:39 PM
Next time make sure you have cash/cashier check in hand for both the security deposit and the full first month's rent before you hand them the keys (really before you sign the lease). --71.236.xx.xx
Advice Needed (by Kim [MN]) Posted on: Oct 5, 2008 6:57 PM
Thank you! Jody, thanks for all of the information. Wow! Since they just moved in a week ago maybe we should PAY them to leave. It sounds like it may be cheaper.
Advice Needed (by CDM [CA]) Posted on: Oct 5, 2008 7:02 PM
These people sound like the kind who will not leave even if you pay them. Be very careful. I think you will have to evict. --70.143.xx.xxx
Advice Needed (by billy button [MA]) Posted on: Oct 6, 2008 7:35 AM
never let them in before u get all the money in cash or cert ck or call bank and be sure ck is good.did u screen these bums?start eviction immediately if your state lets u. --208.58.x.xx
Advice Needed (by Rita [MA]) Posted on: Oct 6, 2008 7:44 AM
From your description, especially your comment, "Our renter has learned all the tricks" it appears that you may have professional tenants. In that case, I would advise that you get a really good L/T attorney and evict immediately. Trying to handle this yourself is likely to be costly, more costly than an attorney. --158.121.xx.xx
Advice Needed (by Kim [MN]) Posted on: Oct 6, 2008 8:43 AM
Thanks, I agree! I will talk to my hubby tonight and find an attorney instead. Yes, the tenant checks came back clean from BOTH companies. However, they seem to know there game. I pulled tax records from their previous landlord and found the home was owned by another gentleman who I have contacted and he stated that I have the tenants from hell. He states he will call me back tomorrow to explain more. Yuck! --216.70.xx.xx
Advice Needed (by Jody [MN]) Posted on: Oct 6, 2008 10:01 AM
Two things: make sure you get an attorney that has done lots (more than 50) evictions. And two: dont' hire one that charges by the hour if you can help it. Mine charges FLAT fees for evictions. I haven't had to evict anyone yet, but, my attorney (Ohly Law Office in Rochester Minnesota) has done hundreds. --129.176.xxx.xx
Advice Needed (by Minnesota John [MN]) Posted on: Oct 6, 2008 10:34 AM
Jody, watch your lawyer on the details. I've been involved with them on closings (other parties lawyer) and they get stuff mixed up. I've also heard that before from others in the business. They do so much volume in real estate, that may be the cause. --71.55.xxx.xx
Advice Needed (by Kim [MN]) Posted on: Oct 6, 2008 10:34 AM
I have pre-apid legal via work and was thinking of going that way. However, I found another through my real estate agent that may be a better option. Jody, thank you! I wish I knew how to contact you as I would love to shake your hand and thank you personally. :-) --216.70.xx.xx
Advice Needed (by Jody [MN]) Posted on: Oct 6, 2008 11:14 AM
Thanks for the heads up Minnesota John. It's one thing to find someone who's done tons of evictions. It's quite another if there's a history of "getting things mixed up." Have used them for numerous things and they didn't mess anyting up with me. Like anything, though, let the buyer beware.
Glad you feel helped. No need to thank me, just "pay it forward". Let us know how things turn out. In the meantime, don't forget to act like your in charge. You may have been taken advantage of initially. But now, with your lawyer's help, put that hammer down and get them out! --129.176.xxx.xx
Advice Needed (by Kim [MN]) Posted on: Oct 6, 2008 11:24 AM
Yes, definately! Thanks! :-) --216.70.xx.xx
Advice Needed (by June [PA]) Posted on: Oct 6, 2008 3:02 PM
Never EVER give keys until all monies are collected and lease signed. --64.12.xxx.xxx
Advice Needed (by Jody [MN]) Posted on: Oct 6, 2008 3:20 PM
Also do NOT tip your hand to these tennants. Say nothing about the real owner of the last property they lived at. Say nothing about your plans to hire a lawyer. Gather as much information as you can for your lawyer to save time. Attorneys in my area get about $150-180 per hour. Most likely you will be charged for all the time you talk to them (billed to the nearest quarter hour), so come prepared so it will minimize your bill. If it were me, I'd bring the application form, move-in pictures, copy of lease, move-in checklist, etc. Ask how many evictions the attorney has done before you get too far. You don't want to pay someone to sit there researching the eviction laws!! --129.176.xxx.xx
Advice Needed (by Kim [MN]) Posted on: Oct 6, 2008 3:32 PM
Great advice! I spoke to a gentleman today that states that he charges $120 for the whole process and does everything but appear in court. He states that he has done hundreds of evictions and stated that the next available court dates are the 17th and 20th. I asked how he knew that and he said "sweetie, I do this all day long. the sooner you start the better you are. If you move now we can have them out in 3 weeks". He stated that it costs $252 to file to court paperwork but that we will do it and all I have to do is sign and show-up for court. He stated that 90% of the time the tenants never show but the process itself takes time.
Advice Needed (by Jody [MN]) Posted on: Oct 6, 2008 7:10 PM
You go girl! Now, let me know if this attorney does anything different than what I posted above for eviction steps. If I missed a step, I surely would want to know beforehand. If I ever need to evict, I will also use an attorney for my first time. Watch and learn. People on this board say that after one done by a pro, you often can do the next one all by yourself.
In the meantime, get your evidence ready to show the judge. And act confident whenever you interact with your tennants. Do let on, but they'll sense something different in you. --96.42.xx.xxx
Advice Needed (by Kim [MN]) Posted on: Oct 6, 2008 7:17 PM
Great! Thanks everyone!
Jody, I tend to correspond via email a lot so the proof is in writing. HA! :-) --63.228.xx.xx