Evicting Your Tenant

Author: admin | Date: 23 Feb 2010, 4:05 am | Category: Eviction

If you are a landlord long enough or own enough rental properties, you will eventually need to evicting a tenant. It can seem like a traumatic and complicated event, but if you follow some simple tips, it is actually quite simple.

The rights and duties of landlords and tenants in each state are spelled out in federal law, state statutes, local ordinances, safety and housing codes, common law, contract law and a number of court decisions. These responsibilities can vary from place to place around the country and even within each state and municipality. Also, tenants in federal housing and other forms of subsidized housing have additional rights under federal law. Consequently, this article is specific to eviction in Minnesota and the Minneapolis/St. Paul area. My goal is that readers from other areas can still use this article as a framework to make the process easier.

Why to evict:
Typically, evictions happen because a tenant is behind in their rent or has stopped paying their rent all together, but any violation of the lease can actually be grounds for an eviction. As a landlord, you need to understand the language in your lease and your legal regulations. Some examples of lease violations that I have evicted tenants for include: repeated incidents of disturbing the neighbors, excessive damage to the apartment, excessive police calls, unauthorized pets, and unauthorized people staying in the apartment.

When to evict (for other lease violations):
Evicting for lease violations (other than past due rent) requires good documentation and proper notification of the tenant to put yourself in the best position to win the eviction when going to court. You should document in writing each time the lease is violated. Make sure to note the exact details of who was involved. Follow up each lease violation with a written warning to the tenant (keeping a copy for yourself). Make sure to quote the section of the lease that was violated and inform them that any repeated violations can lead to their eviction. If the violation is severe enough you may need to immediately start the eviction process, after you have collected the documentation, without issuing a warning.

When to evict (for past due rent):
As a new landlord, it is very easy to listen to the sob story about why a tenant can’t pay their rent and before you know it, they can become several month behind in their rent. Ultimately, most books and “experts” will say, start the eviction process the first day after the rent is late. I would argue that in the real world, it rarely happens that way. I am not suggesting that you let a tenant pay whenever they want, but you should do what you feel is fair. I have many tenants that consistently pay their rent late, but they do pay and include a late fee. You need to decide what your tolerance is and when you are going to cut off a tenant. Set that date in stone and stick to it.  One additional thought, see my post:  Can’t Evict if Always Late on Rent.

Time to evict (in MN):
Although you can file all the necessary paperwork and go to court yourself, I am strong proponent of paying an attorney to perform the eviction for several reasons:

  • The costs for many of these services is less than what I value my time at ($195 for the Eviction Attorney that I use). I simply fill out a 3 page document, sign it, and pay with a credit card. The Attorney calls me to review the file and then again when the court date has been scheduled and they call me after court is over to tell me the results. I do nothing else.
  • The process may require multiple trips to the court and waiting at the court for your case to be called. If you have a full-time career, do you want to take time off to attend an eviction proceeding?
  • Several steps in the process require a neutral 3rd party such as serving the eviction notice. If these are not done correctly, the court can throw out your eviction action. You have lost time (and more money, including the filing fee).
  • Lastly, these services perform hundreds and even thousands of evictions per year. They can be an invaluable resource if you have questions about the process. You may even consult with them to see if you can evict a tenant in a specific situation.

Regardless if you handle the eviction or you pay a service, the process generally works like this (in Hennepin County in MN):

  • The court has you fill out some short paperwork explaining why you are requesting the eviction. You will pay a filing and process fee ($342 in Hennepin County).
  • The court clerk will assign you a court date (typically 2-3 weeks out in Hennepin County).
  • A neutral 3rd party must serve the tenant with a notice regarding the court date and why they are being evicted. If the tenant is not home or refuses to answer the door, the notice can be secured to the primary door.
  • On the day of court, several scenarios can play out:
    • Both the landlord and the tenant will be given an opportunity to explain their side.
    • If the tenant owes past due rent, the judge will ask them if they are prepared to pay. Sometimes the judge will allow the tenant a week to come up with the money, but most often the judge will side with the landlord as s/he recognizes that the tenant has had plenty of time to work out a payment plan or find other sources for the rent.
    • If the tenant is claiming to be holding the past due rent because of repairs that the landlord has refused to perform, the judge will often make the tenant give that rent money to the court to hold until the work is performed. Typically, the tenant is just trying to use this as a delay tactic and can not produce the money.
    • When the eviction is for lease violations, other than past due rent, the judge will issue a ruling based upon the evidence presented. Again, having excellent documentation can help you prevail.
    • If only one side shows at the court hearing, the judge will always rule in favor of that party. In my experience, only about 50% of the tenants will attend the hearing. Most will already have moved out by this date as they know they are going to lose in court and be required to move immediately.
  • Typically the hearing is over very quickly and the judge will make a decision on the spot.
  • If the judge rules in favor of the landlord: You can choose to enter into a payment plan with the tenant for any past due rent and allow them to stay in the apartment provided they honor the plan. OR You can file for a “Writ of Eviction” (in MN) which requires the sheriff to serve a notice on the tenant notifying them that they have 24 hours to vacate the property (there is an extra cost for this-$95).
  • After the Writ has been issued, you have up to 30 days to schedule the sheriff to come to the apartment and have the tenant forcibly removed. In my experience, it rarely gets to this point. If a tenant loses in court, they are usually moving immediately as they don’t want to be removed from their apartment and locked out.
  • Once removed by the sheriff, the tenant can be arrested for trespassing if they enter the building or apartment again.
  • If the tenant leaves anything in the apartment after they vacate, you are required to store those belongings for 60 days before disposing of them as you like. You can charge the tenant to store the belongings, but you can not hold the belongings ransom to them paying the past due rent.

Other tips when going through an eviction:

  • Sometimes it may be easier to threaten an eviction and have the tenant move out peacefully and quickly. This will save you time and the possibility that they will damage the apartment on the way out.
  • Because it is difficult to accurately know when the apartment will again be available (or what condition it will be in), you should give yourself enough time after the eviction before releasing the unit.

The entire process can be intimidating, but it is a necessary part of being a landlord. It is always better to cut your losses, go through the process, and find a better tenant.

91 Responses to “Evicting Your Tenant”

  1. I just tried evicting my tenant in Wright county district 10. I did not hire a lawyer. My tenants have a terrible track record of paying. I called my tenants and they gave me story “my brother was supposed to mail it… didn’t you get it yet? etc.” I mailed the late notice on the 5th day adding a $50 late fee to their $1300 monthly rent. Then on Feb 5th I applied for eviction hearing court hearing (cost is $320). Had the county sheriff serve the summons (cost is $85). We had the hearing on Feb 22nd. I told the judge the Feb rent was late and I had added a $50 late fee. The judge asked for a copy of the lease. I told the judge I wanted to submit for evidence a history of their late payment. The judge wouldn’t allow the evidence as it had nothing to do with the month of Feb that we were in court for. The tenant told the same story and said I didn’t get the check because it wasn’t cashed. The Judge asked the tenants if they had the $1300 rent. The Tenants had $1300 cash to pay me. The judge said pay the landlord. I asked for $50 late fee and court costs. The judge said take it to conciliation court and allowed them to stay in the house. What a rip off. I am the one who is getting screwed and now I just lost another $455 because of these tenants. Where is the justice in that? What did I do wrong? Could a lawyer have done any better? I have been told if the tenant shows up with the rent money in court that they win every time is the true? Do I have any recourse to go after them for the court costs or late payment?

    Thanks
    Newbie landlord

  2. If you filed the eviction with the total amount due (late rent + late fee + eviction costs + sheriff service fee), the judge will make the tenants pay it. If you failed to put the other fees in the initial complaint beyond just the back rent, then unfortunately, you are out of luck. Does that make sense?

    You can always deduct the court costs out of their damage deposit when they move out.

  3. I had “$1300 rent plus late fee” (but I didn’t actually list the $50 late fee) on the paper work. I definitely didn’t have the court or summons fees listed. I did however send the tenant a notice asking for a late fee after they were 5-days late and they still haven’t paid this. Can I send them another notice asking for the $50 Feb. late fee (again) plus ask for the $320 court fee and the $85 summons fee? Total of $455 Then when they don’t pay this $455 by the 1st of next month can I take them back to eviction court because they didn’t pay these fees? And this time I will be sure to add the new fees too?

    Thanks for your quick reply

  4. You should have had $1755 ($1300 rent + $50 late + $320 eviction + $85 sheriff) as the amount due on the eviction complaint.

    Yes, you could bring them back to court for those fees, but I would wait until they miss the rent again (and most tenants that go to eviction court, will be there again within 12 months). Then hit them for the the original fees, plus the new late rent, plus the new fees. Otherwise, you are spending $400 to collect $400, not a good investment. Alternatively, just take the unpaid fees out of their damage deposit when they move out.

    Remember to send them monthly statements with the remaining amount on them so that there is no way they could complain to a judge that they did not know about the unpaid amount.

  5. Okay Thanks

    I will go with the invoice idea because the damage deposit is lost if they don’t purchase the house in 11 months from now. Some how I don’t think they will make it.

  6. Hmm.. I think I see the problem I had

    In 2004 the Eviction Action Complaint form reads like this:

    4) Owner seeks to have the tenant evicted for the following reasons:
    _____ a. The tenant is still in possession of above premises and has failed to pay rent for the month(s) of _______
    ___________________________________________ in the amount of $_____________, plus ___________
    ________________________________ in the amount of $____________, for a total of $______________

    Which lends itself nicely for filing in other fees. However the current state wide Eviction Action Complaint form reads as follows:

    4. Landlord seeks to have the tenant evicted for the following reasons:
    ___a. The tenant is still in possession of above premises and has failed to pay rent for the month(s) of in the amount of $_____ per month payable on the day of each month for a total due of $______.

    Full form can be found here: http://www.mncourts.gov/forms/public/forms/Housing__Landlord-Tenant/Eviction/HOU102.pdf

    So where do you put on the extra charges on this new form? Do you have an example of how it should be filled out with all the extra charges?

    Thanks again

  7. It is confusing. On the new form, section a, in the first box, put just the monthly rent amount the tenant pays. Then in the last box, Total Due, put all the rent, late fees, eviction costs, and stuff. In fact, I actually spell it out for the judge like ($1200 rent + $75 late fee + $320 eviction + $85 service). Otherwise the judge starts asking what the amount includes.

  8. I have a property in Chisago County and want to evict 2 people who are behind on rent several months. I have a month-to-month “no lease” arrangement. Please share thoughts and tips.

  9. As long as the 2 people are the only ones living there, it is pretty easy. You can go down to the county courthouse and file the Unlawful Detainer (legal name for an eviction). You should be prepared to bring documentation with you as to what the amount is owed and what the standard rent is. I often see tenants and landlords get into an arguement over what the rent is, when it is due and how much is owed. Bring whatever supporting docs you can that shows a pattern/history of how much rent is and when it is paid.

    Also, next time, sign a lease. It makes this much simpler!

  10. [...] entire eviction process can be intimidating, but it is a necessary part of being a landlord. It is always better to cut [...]

  11. In your “other tips” section you mention the idea of allowing the tenants to move out
    voluntarily. One negative is that there would be no legal power in place if they don’t
    move when agreed. What is your experience with this? When is it a good idea
    to go this alternate route? I am thinking of allowing 1 week (2 max) for them to move
    voluntarily. They are several mos. behind now. Thanks.

  12. I only ask them to leave when I feel like they will. Some tenants know that they are never going to catch up their rent and they are very afraid to have an eviction on their record. They have even thanked me for letting them just move out. I have been burned once or twice, but if you only give them a week to move, then you are not out that much.

  13. Art-
    Now that I think about it. If these tenants are months behind, evict them. Why should they get away free. You are doing the next landlords a disservice. Evict them and make a clean break.

  14. I understand your point, I am trying to lose less
    $ by not filing if they will move before the court date anyway.

    But I am starting to lean towards making a clean break, even though it will cost $700+.

  15. Why $700+? Where do you live?

  16. Also thinking a peaceful move-out might help to avoid damage to the house, it is in good shape now.

  17. Agreed. That is also another positive of getting them to agree to move out. It seems to them that you are doing them a favor. I have had tenants completely clean the property when I ask them to move out instead of evicting them!

  18. includes fees

  19. If we are talking about Minnesota. Eviction is $320 + if you use a process server $75-$100, so you are paying $395-$420. What other fees are you including?

  20. Most likely they won’t have the money. Is there a realistic chance to recover the backrent if I file? It seems somehow silly to assume not. O have heard you can varnish wages after they move?

  21. Hey I am a tenant in a sticky situation. when i moved in back in Jan there were 2 of us living in the unit in feb a 3rd came in. In Jan I signed a lease and the other guy had his own. in Feb she asked me to sign something and trusting her i signed turned out she tore up the original lease and made me sign a different one with a different amount. 2 weeks ago the original roomate attcked me with a knife and was sent to jail and evicted. I paid what i was to pay for my rent and the other guy paid. but now she is coming after me for the guy who was evicted’s part of rent. She also is forcing me to have service plus on the appliances in the unit including washer and dryers that were hers to begin with. she has made our lives a living hell always coming up to our unit for no reason and always texting us to tell us to stop laughing cause she can hear it. whenever i try to defend ourselves she quickly threatens to evict us and always try to scare us by saying her son is a cop. What can we do to protect ourselves

  22. The eviction filing only deals with recovery of the property. Nothing about back rent. You would need to get a judgment against them or use a collection agency.

  23. I recommend you contact an attorney. There are too many moving parts going on here to give you advice.

  24. We have a tenant that just moved in January 15th. They paid their half month’s rent for January when they moved in but then did not pay Feb rent until Feb 26th. Now march’s rent is still due and its the 28th of the month! Can we take them to court. I know that we can file an unlawful detainer (We did last month and they paid the day before the court date so we unsuited it) but if they pay again before the court day can we still have them evicted? This is just 2 months into the lease and we do not want to deal with such late payments for the remainder of the lease.

  25. No. If they pay, they stay. Just don’t wait until the end of the month. File the eviction on the 6th. If you really want them out, it is less likely they will have the cash on the 6th. If they do, maybe they will get the point that you are serious. Remember that once you file the eviction, they owe you all the costs associated with filing (court fees, process server, etc). Then do not take less than the full amount as you could invalidate the eviction process and need to start over and pay again.

  26. Thank you for your quick response. One more question. We need to enter the property to make some repairs. We have issued a 24 hour notice to the tenant that we will be entering to make those repairs in actually 48 hours at around 12 noon. The tenant emailed back that we cannot enter the property without their presense or it will be breaking and entering and tresspassing. Is he correct? We were told that with the 24 hour notice we can enter regardless of whether or not they are present.

  27. That all depends upon what your lease says. check that for guidance. If it says nothing, then you CANNOT enter without permission.

  28. EMERGENCY ENTRY AND INSPECTION Tenant shall make the premises available to the Landlord for the purposes of making repairs or improvements, or to supply agreed services or show the premises to prospective buyers or tenant, or in case of emergency. Except in case of emergency, Landlord shall give Tenant reasonable notice of intent to enter. For these purposes, 24 hour written notice shall be deemed reasonable. In order to facilitate Landlord’s right of access, Tenant shall not, withour the Landlord’s prior written consent, add, alter or re-key any locks on the premises. At all times Landlord shall be provided with a key or keys capable of unlocking all such losck and gaining entry. Tenants further agree to notify Landlord in writing if Tenant installs any burglar alarm system, including instructions on how to disarm it in case of emergency entry.

    Can we enter? Thanks for your help!

  29. Remember that I am not an attorney.

    Based upon that language you need to give her 24 hours WRITTEN notice. If you have done that, you are within your right. I would advise that you post the notice more than 24 hours in advance, note the time on the notice and include this part of the lease on the notice. Then you should be fine. Even if the cops show up, you can easily show that you did what you are supposed to do.

    You have a bully tenant. You need to be more aggressive/assertive with her or she will walk all over you.

  30. I honestly have to tell you that you make all tenants sound like dirt. When in fact we are not at all…. I have been a great tenant for many years, put my own money time and care into the two houses I have lived in since moving to MN 14 yrs ago. I am now in a situation where I am a single parent with two minor children no job and our landlord and I use that term lightly won’t extend our lease 30 lousy days to allow us to stay until school is out for my kids and then we are moving back to the State we came from. How selfish is that??? She has lied, played games and been out right nasty….. when this world is in a bad enough state people like her are just what is NOT needed for tenants to deal with! I am going to let her evict me, my lease expires April 30 and we have nowhere to go and nobody will rent to us for 30 days! This is a nightmare and has caused stress on my kids and myself that is not necessary nor is it right. I am here to tell you that when you landlords get a good tenant treat them right!!!! We are not all bad, Landlords can be just as mean and nasty as a tenant can be!

  31. I don’t disagree that landlords can be just as bad. Every situation is different, every tenant different and every landlord is different. What works for some will not work for others.

  32. I rent out a home on my property and have a month to month lease with
    2 tenants that live there. They paid for
    part of March rent on 3/3, and nothing since. I gave them
    a warning notice of the 14 day pay or quit on April 9th. Then
    on 4/23 I gave them the 14day notice to pay rent
    or lease terminates notice..giving them until May 7 to pay past rent
    and I included the May 1st rent amount on it also.
    In the notice I also stated they are in breach of
    the no pet rule and they also needed to contact me for
    an annual inspection, in which there may be
    additional charges.
    Since this is a month to month lease, do I still need to take them
    to court for the eviction? or do I have an option to terminate the
    lease after the 14 day notice and if necessaray, have them removed.
    Assistance for this issue would be appreciated!

  33. You have given them plenty of notice. You can now simply ask them to leave. Unless the lease stipulates otherwise, typically a month to month lease requires 30 days notice to vacate. Problem is that if they don’t leave, then you will have to file the eviction to recover the property (which will take another 2 weeks). Might be faster to simply evict now. Plus you may be surprised that they show up with cash at court.

  34. Thanks so much! I do have a paragraph under Termination of Rental Agreement,
    Damage Deposit stating not less than 30 days written notice before the
    1st of the month from either landlord or tennant at any time. Occupancy and
    use paragraph states landlord may terminate this agreement at any time if failure by the tenant to comply. Under Pets, basically no pets without written permission by the landlord and that tenant is repsonsible for any cost of repair or clean up from a pet removed from
    the premises. With this in mind, and they are keeping a dog at the residence with
    out permission, would I still need to give them 30 day notice? or can I simply
    tell them that if they havent complied by May 7th, they need to leave the premises
    I suppose the only way I’ll be able to recoup my rent is by taking them to
    court??

  35. I think you still need to give them 30 day notice. You really don’t want them to comply at this point, you want therm gone. From your earlier comment you said you have given them 2-3 notices to pay up and they are not. Get them out. It will only get worse.

  36. Thanks so much for your help…I will give them the 30 day notice
    and will let you know the outcome!

  37. shnknapp Says:
    May 7th, 2010 at 12:33 pm

    I’m looking for some advice. My girlfriend has been at her residence for close to 17 months and has never been late on rent. Rent is due by the 5th before a late penalty is added. Some how she forgot to turn in her mail to the office(don’t even get me started on that) on the 5th. Yesterday, the 6th of May she came home to a letter taped to her front door. The letter was from the building management and it stated that since she was late she owed rent + the late fee + court costs and that she was being evicted and needed to be out by the 16th of this months(10 days.) Obviously I had her drop off her rent immediately along with the $50 late fee and to call building management. She has been calling all day and hasn’t heard anything yet.

    I guess I am just looking for some insight and your thoughts regarding this matter.

    1. I’m a little leery about having her pay court costs seeing how she has not seen anything official from the Ramsey County court system. Though the money is available if she needs to pay it.

    2. The way she was “served” seems a bit odd. I just don’t see taping something to a door holding up in court.

    3. I understand that the landlords responsibility is not to chase down people for rent but her lease specifically states that you shall not pay rent until you receive an invoice indicating amount owed (really weird). She has not received one of those in 15 months.

  38. Do not pay any court fee until you get something legit from Ramsey County.

    If they accept the rent, case over (except maybe if they have already filed the eviction and any late fees). If they do not accept the rent or they did file the eviction, go to court, pay everything at court and they can’t evict you. They can only force you to move if you do not pay.

    You can serve someone by taping something to the door, but it would be an official Ramsey county doc. They must attempt at least 2 tries to serve her the papers. At least one must be after 5pm. If they are unsuccessful after 2, you can post the door and then they have to fill out extra paperwork stating they posted the door. This is so that someone can’t avoid court by simply avoiding getting served. Lastly, only a neutral 3rd party can serve official county docs. An employee of the management company can NOT as they are a party to the eviction.

  39. shnknapp Says:
    May 7th, 2010 at 5:10 pm

    Thank you so much for the information.

    She ended up getting in touch with someone at the corporate office who was shocked at what had taken place after one day. But the regional manager should be contacting her Monday to clear everything up.

    Once again, thank you so much

  40. My earlier situation has not gotten better. Tenants still have not paid anything toward
    rent. To back up the 14 day notice to pay or quit, I did give them a non renewal of 30 day lease on april 29th and they must be out by May 31st. These tenants are responsible for their own heat and electricity. They currently have no heat (empty tank) and their electrictiy was shut off last week buy the electric company. What rights do I have for entering the house? I’m concerned about our appliances, internal condition of the house because they had dogs in there without permission, etc. Any way i can expedite their removal?
    Thanks

  41. Most leases give you the ability to evict the tenants if they do not keep the heat or utilities on. I would file the eviction immediately as in tomorrow. Waiting 3 more weeks is not going to be good. If they are an bottled gas, are they also on a well? if so, with no power how is the well running?

  42. Yes, there is a well and septic. Pulling the court forms. Does this situation warrant
    a request for expedited hearing?

  43. Yes. You can try for it. No harm in trying. What county is this again?

    I am just concerned as without power, what is running the well? You have an unsanitary situation as you can’t flush toilets.

  44. Aitkin County. Havent seen the tenants for a few days.

  45. K.

    Don’t know much about Aitkin county evictions. They probably get 1 per month up there! You may have to wait until the next court date and you will be in there with all the court cases at the same time.

  46. Thanks..will check with court administraton tomorrow

  47. We have a tenant who won’t pay last month’s rent and utilities. She broke the lease by having a dog. Dog is pooping and peeing all over the house and chewing on the window sills. Tenant has become verbally and physically abusive to other tenants. The police were called at least once. I want her OUT. I don’t want her to pay the money and then stay.

    Is this enough grounds for expedited hearing? If she pays, does she get to stay? Thanks.

  48. File the eviction for both the unpaid rent and the lease violation (dog). Do not get into an argument about the abusive part (too hard to prove). If she pays and gets rid of the dog, she can stay. Expedited grounds are usually because of criminal or unsafe situations going on.

  49. I am evicting a tenant who is behind on rent. He owes $88 from last month and has not paid this month. They were on a county program that covered a majority of the rent ($532 of $620). They were kicked off the program, I don’t know why. I charge a $5/day late fee after payments are not recieved by 5th of the month. The tenant says they are working on coming up with the rent and late fees. They have also told me they plan on moving next month, which would violate the lease agreement which is not over until October. My question is, if they get evicted how do you get your money from the tenant. Will the court help somehow? The tenants are still responible to pay the rent owed etc are they not? Also, can you hold them to paying until unit is re-rented?

  50. An eviction is only for getting the property back, not for getting any back rent. They are still responsible for the money owed, but you need to use conciliation court or a collections agency to get the money out of them. You can NOT continue charging them for rent until re-rented. The eviction ends the relationship you have with them.

  51. I have a question re: the eviction process. I read somewhere that you cannot file an eviction/unlawful detainer action if you don’t have the landlord’s name and address posted in the building. We have a single family home for rent and need to evict the tenant due to unpaid rent. We have not posted anything in the house. However, the tenant has all of our information (cell, address from letters we have mailed, our name is on the lease etc..) so do you foresee any problems?

    Thanks!

  52. I do not expect a problem. Check the box that says given to tenant at least 30 days ago and I write in the box, “Given to tenant at time of lease signing”. I manage 100s of single family homes and none of them have that info posted. It has never come up.

  53. I live in a building that allows pets, but NO dogs. My mom passed away leaving me her chihuahua, he is only 3 pounds. I have excellent rental history for rent, and my apt is clean and tidy. I cannot get rid of this little guy, i just cant. Will places allow you to stay until they find another tenant as long as your rent is paid and no damages are occuring? Or do they automatically evict, no questions asked? I’m concerned that if they do evict me, they will garnish my wages for the remainder of my lease agreement. Please help with advice,

    Thank you!

  54. I would expect that most places will at least give you a warning. they could only evict you for lease violations, which once you are out, they can’t come after you for the remainder of the lease term. Depending upon your property manager, it may be better to talk with them now before they find out.

  55. re: Mackenzie 5/27/10 Yes, you might have a problem. Minneapolis (Hennepin Cty) has a statute regarding ‘posting’. A very clever tenant may be able to make this work against you. Specifically the posting is a form of notification to the tenant as to who they are dealing with. I’ve used the lack of posting twice to delay an eviction. You seem to be able to prove that the tenant knows who you are, and how to reach you, so you should be ok. The other part of the ‘posting’ requirement has to do with the City Ordinance for registering rental properties. As to how that ordinance affects an eviction, I’m not sure, but I’ll be finding out in a week, since I’m starting an eviction…and like you, I have no ‘posting’

  56. In short, here is the process I went through:
    Gave the non renewal of lease, filed for eviction, went
    to court, and won. Now, what is the process for
    collecting past rent due and cost of damages?
    Thanks!

  57. You must take them to small claims court and/or get a collections agency after them.

  58. I am a tenant in a sticky situation… My husband and I are renting a townhome in Anoka County that has been forclosed. We were served the forclosure notice in January, and immediately called our landlord to let her know. I called her several times and left messages. When I finally got ahold of her she said she was going to stop by the next day to pick up a copy of the notice. She never showed, or called. The sheriff sale took place in February, and they are currently in the redemption period. When we signed our month to month lease agreement our landlord specifically said that we would not have to pay rent if the property went into forclosure. So, in March we quit paying the $900/month rent. Our landlord never called us or tried to contact us until the middle of May. During that phone call she threatened eviction unless we paid $1800 immediately. We did not pay. We got back from out of town this weekend to a letter taped to our door – eviction notice. We have a court date this Thursday. In the Unlawful Detainer Complaint she is requestion $3,600 in back rent, $360 in late fees, and $440 in cost and attorney fees – totally $4400. What are our options, chances of winning, and how is payment collected if that is the verdict? We don’t have $4400 to bring to court. What is going to happen next, and how long will we have to leave after the court date?

  59. You still owe her the rent regardless of the status of the foreclosure of the property. In order to stay you would need to pay the entire $4400. Your only options are to pay, work out a payment plan with the landlord to get caught up, move out or show why you don’t owe this amount (which is difficult). If you do not pay in court and/or you can’t work out a payment plan, the judge could require you to move out in 24 hours (if you have kids they will give you 7 days). If you refuse to leave, then the landlord can have you removed by a sheriff. I would talk to the landlord and see if you can stay till the 30th.

  60. I rent out the basement of my home, my renter was on a month to month lease, and I gave them 60 days notice that I would be terminating the lease. The 60 days are up, and they started to move out, but have not finished, not they won’t vacate. What can I do? If I have to wait for the courts to get an eviction notice, can I put up a no tresspassing sign to pervent any guests comming on to my property? and if they do, can I have them arrested for tresspassing?

  61. You would need to file an eviction against them as a hold-over tenant. You can get the tenants as trespassing until the court orders them off the property and the sheriff removes them. Not sure about their guests, but I figure that you can’t trespass them either. Stop down at the police station and ask.

  62. Hello, we have been trying to work with our renters who really have been through hell but owe us over 5,000 in back rent and utilities. For awhile we were getting no communication, no payments and found out that there’s an unnamed sub-letter. This is our first time renting and we didn’t realize we needed the eviction clause for anything except non-payment of rent. Our couple is back together and we’ve been getting better communication from the husband. So far things are civil and we hope to see some payment very soon. They have done some repairs on their own and we believe we’ve come to a fair price for them, But if it does not turn up, we will have to do an eviction. We would need to evict the sub-letter too I assume at a separate cost right?

  63. No. You can evict the tenants and Jane Doe and John Doe on the one eviction. Their sublease is subordinate to your lease with them. When your lease ends or is canceled, the lease with the sub-lessee is broken.

    I would not wait much longer. I am skeptical they are going to pay. Set a deadline and stick to it. Get the eviction started. If they pay great, if not, you are that much further ahead.

  64. My husband and I have just recently rented the downstairs of the duplex we own. We haven’t received part of July’s rent and are wanting to file and eviction with Ramsey county. However, there are two people on the lease and one of them has already paid for July but the other has not, and is not communicating with us. Is there a way that we can do an eviction only for the tenant (the one we cannot reach and has moved back to CA to legal end the lease) and do a lease termination with the tenant that has been communicating with us. If there is any possible way to do so we would like to know and spare the complying tenant the eviction record. Any advise would help. Thanksthe

  65. Unfortunately, there is no way to just evict one person. You will need to evict both and then you are free to sign a new lease with the good tenant. Alternatively, you are going to be out $400 for the eviction, so maybe you just save that money to offset the lost rent, break the lease and sign up the good tenant on a new lease without the eviction.

  66. Thank you so much for the advice… I think we are going to try and brace the lease with the tenant!!!

  67. Greetings and thank you for the following advice.

    I’ve a tenant who paid June rent late. Her check then bounced. on July 1 they have paid a percentage of june and has not paid july. july 14 I mailed her a letter stating they need to pay past due or be out by the end of the month. The lease she signed stipulates this as well.

    From there she has quit responding to attempts to contact. They’ve locked themselves in the house. and don’t respond when someone attempts to talk to them.

    Should I wait till the end of the month to see if they’ve moved out before filing an eviction notice with the county or should I do it asap?
    If I post 24 hour notice I would like to enter the property to make sure everything is ok and to do maintenance check. I also have another party that is interested in renting and would like to show the place.

    Advice appreciated,

    A

  68. I would start the eviction immediately. Most likely if you wait until the end of the month, they will still not move and you have lost another 2 weeks. Plus, you are doing the rest of us landlords a service by getting an eviction on their record so we can see they have been problems somewhere else.

    You can post the door with 24 hours notice to enter. Tread lightly here as some tenants get upset even though you are following the rules. I would try to schedule the showing at the same time you are doing the maintenance check as the tenant may not let you do it twice.

  69. Have you ever dealt with motions to quash the writ of recovery? We have tenants that just refuse to leave but don’t want to pay anything. They want to just delay us with legal proceedings as long as they can cause they are basically living there for free. We thought after the writ of recovery was served they had 24 hours and that was it. We did not realize that it was up to the Sheriff and when he could schedule the oust in. We filed the third week of June and going into August and they still aren’t out yet. They were found guilty of damaging the property, but were still given additional time to come up with the money owed.

  70. I just found out that one of my tenants has been throwing parties that are causing disturbance until sometimes 5:00 in the morning and that neighbors have called the cops a number of times. I also found out from the other tenant that lives there that she is disrespectful, lets strangers in, leaves the door wide open and unlocked (middle of the city), and doesn’t take care of the place. The other tenants things have been stolen on numerous occasions. Now, her boyfriend left her car in the alleyway – violating condo management policies – and when it got towed he told off the neighbors who called for the tow because they could not get out of the garage. In my opinion, based on the lease and MN law, I have the right to tell her to pay up and leave immediately as she has clearly 1. allowed damages to the property, 2. not kept the property clean and tidy, 3. disturbed peace of the tenant and the neighbors, 4. allowed her guests to interfere with the management of the property, 5. introduced danger and other risks that may lead to insurance issues. Am I thinking about this the right way? I want to go over there and ask her to vacate within 24 hours and hope to avoid the entire legal eviction process. What other things should I be aware of?

  71. She has no requirement to leave. I would give her a week to make it more enticing (threaten eviction if she is not out in 1 week). You will need significant proof to evict for lease violations. Although it will cost some money, I would recommend you call Matt Engel, an attorney, at (651) 209-6884 to the eviction. The couple hundred dollars he will cost you will be money well spent. Evicting for lease violations can get ugly and not a slam dunk. You don’t want to spend the cash on court costs only to lose because you are underprepared in court.

  72. I am not sure why you can’t get them out. The eviction court date happens, the judge gives them 7 days to get out, they don’t, you file the Writ with the court, the sheriff serves them, 24 hours later you call the sheriff to have them removed. Never had a problem. I am not sure where it broke down for you.

  73. Thank you! It hasn’t broken down. Since I found all of this out formally today via emails from the neighbors, she doesn’t even know she has a problem on her hands yet. She has been sending me e-mails complaining about the other tenant. She is young professional that is probably just making bad decisions, and I am somewhat confident that a strong conversation with her about the incidents will be enough for her to start packing. I want to mitigate all risks for myself and try to make her understand that it’s in her best interest to leave quietly and peacefully so that it doesn’t have to go to court. Great advice, and thank you for the referral!

  74. Hi,

    I’m trying to evict my renters for no payment. Behind on July’s and August’s rent. Do I need to give them a NOTICE TO PAY OR QUIT before filling eviction with the court?

    Who would you recommend if I decide to hire an eviction attorney?

    Can the attorney’s fees be added to the total payment that is due by the renter, along with the court fees?

  75. You do not have to give them a notice to pay or quit.

    I would recommend you call Matt Engel, an attorney, at (651) 209-6884 to do the eviction.

    I don’t think you can add the attorney fees.

  76. Landlord Pet Says:
    August 18th, 2010 at 2:09 pm

    Could any ones tell me how much would it cost to hired a lawyer taking care the eviction process. Sometimes they seem to do a better job dealing with the judge than we do. Thank you

  77. I assume you are in Minnesota? If so, call Matt Engel, an attorney, at (651) 209-6884 to do the eviction. I think he charges a flat rate of around $200-250 to do it. Well worth the cost.

  78. I have a slightly different spin from what I have seen posted and would appreciate any advice from the experienced on here.

    I have sublet a spare room in my townhome (I travel during the week and am not home) five weeks ago, and it has beccome an uncomfortable situation. She stole eight bottles of liquor and admitted to it when pressed on the topic. She replaced them after a couple weeks and an email to her documenting her admittance. Additionally, she makes very odd, uncomfortable comments towards me including an offer for sex with no strings attached (I am male, I saved the text messages and I declined). Lastly, I found out she recenlty lost her job.

    Is there anything I can do to get the ball rolling with getting her out. I have suggested that the situation is not working and that it would be best if she found another place, but she then asked for a copy of the lease so that she could assess her rights (12 month lease). Bottom line, I don’t trust her in my home after the disappearance of items, and I don’t feel comfortable in my own home with her odd behavior/comments.

    My lease is written from a perspective of a wholesale rental scenario, so I don’t know that I have any grounds to stand on with the personal property tampering.

    Thanks,
    Jake

  79. Does the eviction laws change if you have sublet a room in your personal residence? I have a situation where the female I rented to stole items (replaced upon being confronted) and has made statements towards me that has created a very uncomfortable living environment. I travel all week and don’t trust her alone in my place, and am uncomfortable in my own home when I get back on the weekends. I have a 12 month lease in place.

    Any advice would be welcome.

  80. We rented a house to a tennant for 1 year. It was a simple contract and it ran from 7/1/2009 to 6/30/2010. It is now August and we have verbally asked them to leave for several weeks but they say they wont. They haven’t paid rent since June, 2010 but claim they have no where to go.

    I got them to sign a written agreement that they would leave by the end of August and pay all rent due for the extra 2 month period but they just now stated they will not pay and will not leave.
    I am not as concerned about the money as I am just getting them out.
    Since the lease term has expired do I need to go through a formal eviction process or can I simply consider them squatters and move their stuff out myself?

  81. They still have possession, so they are hold-over tenants. You must evict and do it NOW. Don’t wait for the end of August. That written agreement has no teeth. At this point you are not going to get the back rent, you just need them out.

  82. Not sure. I don’t really deal with that. You should check with the county and ask. You might be stuck. In the future, never sign that long of a lease.

  83. I have been a tenant for 16 months and not one time have failed to pay rent. I have paid $1,000 each month on time. Our landlord has been trying to sell the house and we have a mediation agreement saying there must be a 24 hour notice to view property.

    Now she had an attorney send a letter asking us to vacation the property at the end of September (our lease ends at the end of October) we planned on moving out at the end of our lease (18month). We are buying (trying, waiting for an approval from a lender) and she wants us out a month early.

    Can she claim we are violating our lease agreement with out giving any reasons to what we are doing wrong? I am confident she doesn’t have the security deposit to return to us and wants to evict us before the end of the lease.

    I am sending in our rent tomorrow with our 60 day notice to vacate like the lease asks us to do. If we get an eviction notice, would it be worth fighting or just move at the end of the month? Take in to consideration we are a family with a 2 year old and NEVER missed a rent payment, keep the property in great condition, and have good credit.

    Thanks

  84. I am sorry, i meant to say we got a letter from her attorney asking us to vacate the property a month early. We believe it to be because she can’t pay our deposit back. We know she is seriously behind on her HOA dues to the point of them placing a lean on her property and a possible forclosure.

  85. I am not an attorney, but if you have a written lease that ends in October, they are out of luck. You have the right to stay there. There is not much they can do get you out except try to evict you and you appear based on the information here to have a good case.

    For starters, I would call the landlord and/or attorney and ask them why they think they can push you out a month early. This may give you some insight into their motivation. You might be able to get some cash out of them to go early.

    If you do make a deal, get everything in writing.

    I sold a property once and I gave my tenants a month free rent and returned their entire damage deposit in exchange for them letting me break their lease early.

  86. i never signed a lease but lived with my girlfriend for 16 months in an apartment she got an eviction noticefor 30 days but they gave me a notice sayin i had to leave immediately or will be prosecuted for tresspassing is this legal

  87. You didn’t say what state you are in, but in Minnesota, yes that is legal. Since you are not on the lease, you are considered a guest of your girlfriend. You have no rights for the apartment. If she get’s evicted and either of your return, you are both trespassing.

  88. [...] is there something a landlord can do to remain apart from evicting tenants contemplating they owe you rent?  I consider there can be several things you’ll be able to [...]

  89. [...] you should follow the procedures for the tenant eviction process in your state, do everything with expediency.  Many landlords will procrastinate filing an [...]

  90. I’m a landlord in MN and am trying to eveict a tenant. We only did a 2 month lease to start. I did not want to do a 6 mo or a year with someone I did not know because it is a lease to rent the basement room in the house I live in.
    He has not paid the damage deposit, and is now 7 days late on the rent for a month (3) of which we do not have any continued lease. Can I do a 7 day eviction notice since he was in violation of the first 2 month lease in the first place.
    Now today he actually threatend me…. This is my house why should he have any rights?? I am calling the police to report the threating statement as well as the profanity that he uses when talking to me. He thinks he has 30 days, but from what I understand he violated the lease terms so I can do a 7 day eviction notice.

    Also, how can I get him to sign an eviction notice when, he does not get the mail, or answer the door, I know he will not sign it if I hand it to him??

    Jillian

  91. JB-
    I have never heard of a 7 day eviction. You need to go down to the courthouse in the morning and file the eviction. It takes as long as it takes, which is typically 3 weeks in most counties in Minnesota. I am unsure about how to handle someone living in your house and what rights he has versus you. When you sign a lease, you convey certain rights to the tenant.

    No one needs to sign the eviction notice (read more articles on this site). A neutral 3rd party needs to hand it to him or after 2 attempts (one being between 6pm and 9pm), you can tape it to his door and mail a copy.

    You may want to consider getting an attorney to help.

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