You can’t start the eviction until he actually overstays his lease. The late fees are a very flimsy case to make in court (just deduct the late fees from his damage deposit). Make sure you have given him proper notice that you are not renewing his lease.

You can contact Attorney Matt Engel, (651) 209-6884 for help. I would recommend this since this tenant is an attorney. It will be $195 well spent!

I am a landlord with 5 properties under my belt and am just beginning the process of not renewing a tenant’s lease. He has paid his rent on time approximately 40% of the time over the last 2 years, has refused to pay the greatly reduced late fee I’ve offered him for this last month’s rent, and has written to me that he won’t be paying any more late fees, arguing that they are unconscionable for someone who can’t afford rent. Where he is threatening to violate his lease is with stating that he won’t be paying late fees. (I have tried to find any info I can on what are the laws on late fees in MN and what I’m finding about late fees at all, is very vague) Since he is refusing to honor the lease with regard to the late fees, I have opted not to renew his lease. He is required to be out by January 8th, 2011. He just wrote me back to say (he is a 2 bit attorney himself) that he will move when he is good and ready. Can I start the eviction process based on him telling me he won’t be leaving?

I’m thinking I’d like to pay an eviction attorney, but the link for the one you recommend seems to lead me to another blog post on your site. In other words, I’m not finding the $195 attorney you are suggesting…

I’m inclined to handle this process myself, but because he has proven to be so difficult, and is an attorney himself, and I surmise that he’s been through this process before, I would like to investigate an eviction attorney.

Thank you for any advice or suggestions you may have.

Sincerely,
amy