Evicting A Tenant

Author: Todd Christiansen | Category: Eviction
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If you are a landlord long enough or own enough rental properties, you will eventually need to be 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 a tenant 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 late rent payment. 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 the Metro Counties in Minnesota:

  • The court has you fill out some short paperwork explaining why you want to evict a tenant. You will pay a filing and process fee (see the eviction fees here).
  • 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-see eviction costs).
  • 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 28 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 evicting a tenant before re-leasing 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.

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178 Responses to “Evicting A 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. 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.

  11. 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.

  12. 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.

  13. 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+.

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

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

  16. 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!

  17. includes fees

  18. 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?

  19. 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?

  20. 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

  21. 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.

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

  23. 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.

  24. 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.

  25. 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.

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

  27. 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!

  28. 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.

  29. 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!

  30. 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.

  31. 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!

  32. 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.

  33. 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??

  34. 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.

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

  36. 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.

  37. 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.

  38. 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

  39. 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

  40. 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?

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

  42. 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.

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

  44. 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.

  45. Thanks..will check with court administraton tomorrow

  46. 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.

  47. 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.

  48. 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?

  49. 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.

  50. 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!

  51. 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.

  52. 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!

  53. 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.

  54. 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’

  55. 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!

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

  57. 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?

  58. 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.

  59. 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?

  60. 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.

  61. 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?

  62. 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.

  63. 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

  64. 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.

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

  66. 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

  67. 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.

  68. 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.

  69. 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?

  70. 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.

  71. 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.

  72. 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!

  73. 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?

  74. 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.

  75. 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

  76. 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.

  77. 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

  78. 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.

  79. 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?

  80. 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.

  81. 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.

  82. 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

  83. 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.

  84. 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.

  85. 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

  86. 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.

  87. 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

  88. 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.

  89. I am currently in the process of trying to evict a tenant; however my situation is a bit different. My “tenant” was going to purchase my fathers farm. I had the letter of approval in hand and a closing date of 08/30/10. Then on 08/28/10 was notified closing date was moved to 09/09/10—and this guy had given his notice to where he was living and where he was boarding 13 horses, so the realtor requested that he be able to move his stuff in and prepare the property for his horses. We signed a 10 day move-in agreement.
    He did not pay the rent, I badgered the realtor to get my “rent”….on 09/13/10 was notified his financing fell through and the bank backed out. Now he is living at the family farm, with his 13 horses and no way to buy the property. I have a new buyer interested but very sheepish due to someone living there. I served Tenant with eviction notice on 09/23/2010 that advised him to vacate the property no later than midnight 09/30/10—which is 2 ½ days away and he has yet to begin to leave…..
    My fear is I will loose the farm sale due to this guy…. And if so can I hold him responsible? And if I have to wait the 30 days for the date of notice to take court action to vacate him, does the MN cold weather rule apply? Am I stuck with this guy until spring? Can I take possession of the house 10/01/10? My thoughts are of moving in there until he leaves. What do I do, what can I do….

  90. Couple details:

    • There is no MN Cold weather rule.
    • If you used a simple written eviction notice, it is not binding in MN
    • He is not moving on 9/30, I bet
    • You can not take possession as he still has rights, even though he has not paid his bills-he can actually have you removed for tresspassing if you try that
    • It does not take 30 days to evict, just 2 weeks

    So. Get down to the county court house TODAY and file the eviction. Do not wait. Get him out.

    Tell the buyer that you are working through the details and he will be gone. Worst case, delay the closing an extra couple weeks to insure he is out.

    Remember that you may have to store his stuff for 28 days if he leaves it. If he leaves the horses, call animal control and have them picked up as you are NOT responsible for maintaining animals.

  91. My situation is very different from all the above, I paid my brother and sister in law 15K so that they finance a house for me, they would then sell it back to me, I paid all the fees and down payment to do the loan, but we never did an agreement because we are family, I have paid the house and bought all the interior fixtures and the house is immaculate, they do not agree to selling me the house back at the current market value, they have no money and cannot make the house payment themselves, hell they can’t even affod the electric bill on this house. I dont have a lease agreement, and I never paid them, I made the payment directly to the bank, after they told me they werent going to sell me the house at market value, I stopped paying the mortgage, they found out and they are trying to evict me, they plan on gutting the house of all the things a have bought and use them for a house that they are building since they dont have money to complete the house they are building, or pay the fees associated with keeping the house current, they will loose the house.

    The 3 day notice doesnt even give me an address to mail them a payment, I do not intend to pay them, and I will remove every single item that I paid for in this house, I do not care about my credit and judgements as I owned several properties and had to let them go since the market crashed here in Fl so I will do a BK later this year.

    So my question is, does is take a little longer if there isnt a lease, and I have proof that I bought all the things inside the house, fixtures, fence, cabinets, I’m removing them, even if it is illegal to do so, it is my stuff and after they did this to me, after all I paid them, Id rather burn it down, before letting them keep my stuff and use it or sell it, for their benefit.

  92. I’m a landlord who has had trouble with tenants paying rent. I want to threaten them with the prospect of eviction to try to get them to pay or willingly move out, but I’d rather not pay the $300+ fee of actual eviction. I know I can try to get them to pay it, if I want, but I’d rather just try to get them to move now.

    Is there some sort of certified notice I can mail them that I can mail them to sort of make it clear to them that I’m serious about evicting them?

    Also, is it unethical to sort of just threaten them like this without really wanting to take action?

  93. I think speaking to them and encouraging them to move out is best. Tell them that this is not working out and instead of you filing an eviction and them having that on their record, the should just move out by October 31. Talking directly to them should allow you to tailor the discussion to their responses.

    I don’t think it is unethical at all. Ultimately, you are not bluffing, as you would evict them if left with no other alternatives.

  94. I am not sure where you are located, but I think you need just wait for them to officially bring you to court to have you evicted. Unfortunately, most courts will side with the landlords when the tenants don’t pay rent, regardless of any other facts.

  95. We have three people on the lease for a house we rent out. Because of non-payment of rent and wanting to avoid an eviction, two of them have agreed to sign a “quit lease” and move out. We are unable to work with the third person despite written notices, numerous phone calls and texts, and attempting to work with her through the other tenants who are supposedly cousins. She has not been living at the house for over a month and hasn’t returned any calls. We told the other two to clean out the house by the end of the month or we would charge them another months rent. I doubt this will happen, so now I want to know what we can do about the third renter, her belongings, and when can we go forward with signing a lease with a new renter. We have an interested party who wants to move in on Dec. 1. We are not in a great financial situation ourselves, having already lost two months rent, so that is why we want to avoid the costs of eviction. Can we just store any abandoned property left on Nov. 1 and go ahead with signing a new lease with this new person?

  96. You did not say if you were in Minnesota. I would send her a notarized letter to the property and hopefully she set up forwarding. It should state that because of her refusal to return calls and her apparently leaving the property, you are assuming she has move out. Give her a date to get back to you by. If her old roommates know where she is, have her served the document in person if possible.

    You should store the items for 30 days and post a sign on the front door about who to contact to get it back.

    An eviction would be the best way, but you are not the first landlord to go this less expensive, but riskier route.

  97. my buddy and I share a home. when I was depolyed he moved someone else in. long story short the guy is a nightmare.. we want him out asap, there is no lease in writing (never pays rent anyway). what would be the fastest way to remove him?

  98. My husband has assisted his elderly cousin (a vulnerable adult), Larry, for many years. Larry owns a motel in Madelia, MN that he rents mostly on a week to week basis. Larry is in his mid 80′s and also has had several strokes so it is difficult for others to understand him. Larry is having problems with a woman who is about 7 or more weeks behind in her rent and now refuses to pay anything. Larry has been able to get her to understand that he wants her to vacate due to her not paying her rent. He has even offered for her to just leave and he give up the money she owes. He just wants her out. She still refuses. Larry entered her rental room to tell her he wants her to vacate so now she is threatening to sue him for doing that. I do not think Larry understood that he could not do that. We live in northern MN and my husband is going to be going to Madelia to start the eviction process but he has no idea where to begin. Are there any special rules that would apply to his motel situation that we should be aware of. Because it is a 6 hour drive to get there, I am trying to get as much paperwork done as possible here-filing out the paperwork and gathering information so my husband can be more efficient when he gets there and won’t have to take too many days off of work. Can you please tell me what we need to do and how long you think it will take to get her evicted? -Thanks, nasta

  99. I have a single family rental home in florida. My tenants have never made a single payment on time, every part of the lease has been broken except having a cat(which began spraying in the house). we had the tenant sign a eviction notice agreeing to leave but now is still in the house and refuses to leave. We have filed with the court to evict. There are some damages but iam unsure which i am able to charge. I have had to dig up my mulch beds (the weeds grew completely over the bed and ruined the mulch) can i charge them for the new mulch as well as a fee for me having to do it? Against my wishes my husband allowed them to make monthly payments to make up the full deposit amount as well as keep the water bill in our name. We now have them still in the house not paying any of the bills, we recieved a shut off notice for the water but due to laws are not allowed to have the service cancelled. The deposit they have paid so far does not even cover the filing for eviction. How should I go about collecting? Is it better to file a small claims suit or with collection agency? I also thought that if they sign a agrrement of eviction that everyday that they stay after the termination date, I can prorate the rent and charge them double that amount..so if the prorate is 25.00/day i can charge them 50.00/day. Does anyone know about this? I am a 1st time landlord and cannot believe the rights of tennants compared to those of landlords..Im very fustrated and want to do everything in my power, leagaly, to make them pay for all damages but am not sure the right way to go about it..thanks for any help

  100. I am not familiar with Florida eviction laws. Here in Minnesota if you go to court, they are out.

    You should talk to an attorney.

  101. Excellent question. I would guess that if it is actually a motel, that different rules apply. I think you may be able to simply have her served for trespassing. I can’t image the Holiday Inn has to wait 3 weeks to serve an eviction if I refuse to leave my room.

    You should contact the county court up there and see if they will give you some free legal advice over the phone. Alternatively, maybe a local attorney will do the work for much cheaper and easier than a 6 hour up and 6 hour back car ride.

  102. God bless you for serving our country.

    Not sure what state you are in, but you probably will need to go through the formal eviction process if you are in Minnesota. Bummer, but probably the best way.

    You could show him the completed paperwork and tell him you are going down there on Monday unless he moves out this weekend. See if he calls your bluff.

  103. My tenants are refusing to allow us in to do maintenance. They want to do the maintenance themselves but refuse to sign a paper stating that these items are done ( turn off outside water, change furnace filters, clean air exchanger, check smoke and carbon monoxide detectors) Our lease says they must allow us.
    Also because we drive by the house occasionally to see the state of the outside they are accusing us of harassment. Exact words are “As with the drive by situation, it is not occasionally, it is excessively and we have contacted the authorities regarding this. If we see you or your wife or any other connections that we know of driving by, we will contact the authorities again and it will also be noted and documented as it is harassment. ” Okay that is what they say. I believe this is stemming from last week the husband seen me drive by and he followed me around the neighborhood then continued to follow me to work. I was sitting outside (with a cooworker) when he drove by us, he then turned around drove by again then drove off. What should I do regarding the failure to allow us in to do maintenance, and can I drive by the house to check on the outside? We are in Minnesota.

  104. I am not an attorney, but I think they have zero case for harassment for you driving by. You are not contacting them, you are not intimidating them, you are not doing anything other than checking on your building. They are trying to bully you.

    As for entering the property, I am not sure. Legally you have the right to enter with proper notice (which is based upon what your lease says, or traditionally 24 hours). If they refuse to let you in, I am not sure you can force yourself in there except in an emergency.

    Do not renew this tenant’s lease and give them a letter stating you are not renewing it. Let them chew on that.

  105. After the process of having tenants evicted, they did not give me a forwarding address.
    I have the business location where one of the two tenants are currently working.
    I sent a statement to her work with both her name and business name on the envelope..
    she replied by phone text that it is illegal to send her statement to her place of work.
    Is this true? suggestions?
    Thanks

  106. I am not sure it is illegal. I would think they would have to sue you to claim it was. They are just trying to push their weight around.

    Send the statement to the last address you had for them (probably your unit). It should forward, if it comes back, put that in your file to show that you sent it. Keep date and time records of when you mailed in case this deadbeat tenant tries to claim you never sent it (although I am not an attorney, I would argue you have already served them the docs since they confirmed they received them at work!).

  107. I am in a dilema as well. I told the tenant to move out by 11/21 and they did not move out.
    On 22nd i went and filed for UD, and on 23rd i went to pick up UD Papers. 23rd she never came home so she could not be served she moved out on 24th. I do not have her new address. I am not sure how i can serve her now.

  108. Two thoughts:
    1. You should not be serving the UD papers. You need a neutral 3rd party.
    2. Review the UD docs about serving paperwork. If they are not there, simply serve the house by posting. That is all you need to do.

  109. 1. correct, i had my friend try to serve her papers. and i was going to use a company but i told them she just moved out and never left any forwarding address. They said they won’t be able to help.

    2. So if i just tape the papers to her door is all i would need to do even if i know she is not coming there any more?

  110. 1. No problem on using your friend. That works.
    2. Please review this page http://www.mncourts.gov/default.aspx?page=513&category=58 and check out the Affidavit of Not Found and Service by Mail and Affidavit of Service by Posting. You will want to comply with those items and turn them back in to the court.

  111. My husband and I are currently caretakers at an apartment building (so we live here for free rather than getting paid). The landlords are deciding to eliminate all of the caretakers, so they have given us a 30 day notice to vacate the premises. Is that the proper time in MN during the winter? We also have a 4 month old baby so finding someplace else to live will be difficult.

  112. There is no rule about winter in Minnesota. If you have a lease, then that should define the notification period. If not, 30 days is considered standard/traditional.

  113. Told a Friend of a Friend that he could sleep on the spare bed for a few weeks untill he found a place.One day I come home from work and all his stuff is in my house, and he refuses to leave. He agreed that he would be out by the first of this month, but he has not left yet. He hasn’t paid any money, and I never had an agreement with him being able to live here. Can I just call the cops and have him removed?

  114. Not sure. You are in a gray area. You could probably call the police and say he is trespassing. Depending upon the area, most police will accept that. You should plan to change locks and make arrangements to store his stuff and give him access to it.

  115. Also he has started using drugs in the house, will that make it easier to get him out?

  116. Maybe, but because he has stayed there for a while, you may have given him some rights to live there despite not having a lease or paying rent. Try the police. Worst case is that they will tell you that they can’t help you. Maybe it will be enough for him to see you are serious. Be prepared for a problem if he has any attitude.

  117. Would it just be easier to go through the evicting process? I live in MN in Scott county.

  118. Easier is not a word I would use. It would be more definitive and complete, yes. It will cost you $320 to file and you need to wait 2 weeks for court. You will also need to have someone else serve the paperwork. It is going to be a long 2 weeks living with someone that you are evicting. Even if you get a judgment against him, you may still have to go back to court and get the Writ and have the sheriff move him out (another $150 and another 1 week or so) if he doesn’t leave.

    But doing that would make everything very legal and by the book, but costly and slow.

  119. I rent out my townhouse in Sherburne County to 3 adults who have stopped paying rent for the past 2 months. They said that they want me to legally evict them (with a legal document) so Sherburne County will assist them with paying the rent, then they agreed to move out as of Dec. 31st. I am debating on beginning the eviction process immediately (fearing they really wont move out dec. 31st), or saving some money and just waiting for them to move out. I really want them to get an eviction notice on their credit report (so they don’t do what they have done to me to anyone else), but if I begin the eviction process, pay the money, then they move out on dec. 31st before the court date is even scheduled, will they avoid getting the eviction notice on their credit (along with me wasting money I really dont have after paying 2 months worth of their rent and my own mortgage)? And do they still have to show up for court? It seems like such a gamble.

  120. Question…my renter is 3 months behind on rent. Her annual lease rolled into a month-to-month lease this past October. Do I need to file an Eviction Action to evict her, or can end the month-to-month lease with a written notice to have her out in 30 days? Once out, what do I need to file to reclaim the money? Thanks.

  121. You can just give her the notice to move out. The lease should specify the notice amount. If the lease does not have a notice time, then you should just go with 31 days. You have to sue them and/or bring them to small claims court and get a judgement to be able to start the process of collecting the money. Once you get the judgement, then you will need to work on getting a wage garnishment or give it to a collections agency.

  122. I doubt they will simply move out. Start the eviction to insure they are out. If you wait for 2 more weeks until Dec 31 and they don’t move, you are just that much further along without resolution and money. You may get lucky and the county may pay.

  123. Hello there!

    I’d learned something upon reading your blog post. And how brilliant you are!
    I just want to share my problem.
    My tenants were too noisy as if they’ve already own my apartment. They are good payer, but I really want them out to my building. I just wanna ask, Do I have the right to evict them?

    Please help me out..
    Thanks in advance!

  124. You would have to document each time they were too loud and then inform them they have violated the lease. You would do this several time, each time telling them if it continues to happen, you will evict them. This can still be very difficult because it is your word against theirs in court. Probably just easier to let their lease expire and don’t renew it.

    If they are getting police calls, that is much easier as you have a trusted source confirming the complaints.

  125. Brenda Nelson Says:
    December 28th, 2010 at 3:14 pm

    I have a renter who’s lease expired in September so she is on a month-to-month lease currently. She has not paid November and Decembers rent. I spoke with her in November and she told me she would pay and I said apparenly you cannot afford to live there and maybe you should move out. Then I gave her and ‘unofficial” eviction letter telling her she needed to be out by today Dec 28th. Do I have the right to lock the doors tomorrow if she has all or her stuff or most of her stuff moved out??? I was in the property yesterday and there is damage to the property so I really don’t want anymore damage at this point. Just want to know what my options are. I would also like to add her mother was put on the original lease can I also take her to court since she’s on the original lease?

  126. To clarify my last conversation, the conversation took place after 2 weeks of not getting rent money in November, the eviction letter was given to her on November 27th giving her 30 days to vacate the premises.

  127. You do NOT have the right to just lock the doors unless you truly believe that she has moved out. Most judges would expect that if she gave you the keys, moved everything of value out, or verbally told you she was gone, that would constitute vacating.

  128. Hello! Our renter moved out today, but left behind a garage full of junk and the place is completely destroyed. If we find out where she lives can we drop her leftover stuff off?

  129. Good news (at least that she moved out). Can’t say I have ever thought about that before. I really have no idea, but it sounds reasonable to drop her stuff off. Technically you are supposed to store it in Minnesota. I would NOT drop it off in the snow bank in front of the new location as that could be seen as you are not keeping it safely.

  130. Hi,
    Thanks for the earlier advice, but I have a new problem now. My renters are 2 months behind rent, and say they are waiting for a legal eviction notice before moving out and refuse to pay me another dime. Back in November before many of our current problems arose, I told her that I would help her out by using her damage deposit for her last months rent if she agreed to just move out peacefully at the end of the month and not break anything. I gave her a letter stating how much she owed (the lesser amount using the damage deposit). Since MANY problems have arose and I have found out that they have done some damage to my property, I told her that I was not going to use the damage deposit for rent anymore. I am filing for the eviction this week, (she is fighting me about the damage deposit constantly), do you think the judge will be in favor of me not using the damage deposit for rent? How is that decided? Thanks!

  131. You as the landlord can’t be forced to use the damage deposit as rent. I have never seen that come up in court.

    The issue isn’t really the damage deposit, because I am guessing that even if you applied all of that to the past due rent, she would still owe you more. Just take that argument off the table and file for the full amount, plus late fees, plus January, plus court fees.

  132. We are in Anoka County. Have 2 people on a lease and one has not paid Jan rent and doesn’t intend to. He is also behind for several other months. Will serve him the 5 day pay or quit notice and plan to move forward with the eviction process. However, the woman on the lease has been awesome and always pays on time and doesn’t want to leave (which we are okay with). As I understand it you can’t just evict one person though so she would have to be evicted as well. Is that correct?

    Can she give us a 30 day notice that she is moving out so we don’t have to do the eviction on her and then after the eviction is completed on the guy sign a new lease with the woman therefore saving her the UD?

  133. I have never found a way to only evict one person. The lease is together, the eviction is together.

  134. Hi. I have a live in girl friend and her 2 kids live with me also. To make a long story short, we decided to split up. She does not pay rent and she does not have a job. Basically, I have supported them. She says she has no place to go and is dragging her feet on moving to her families house in a different state. What are my options here? Do I need to file and eviction notice? She is really not a tenant per say.

  135. If you own the house or are the only person on the lease, yes. I believe your best route is to file an eviction. I suspect it will be a little tense there if you do that, though. You may want to consult an attorney.

  136. We are taking our tenants to court for not paying rent, late fees and court costs. What if they refuse to pay or say they don’t have the money? Is a judgement ordered that just stays on their record and we are out the money? This is in dakota county. Thanks.

  137. I assume you are taking them to eviction court. If so, that court only deals with who is entitled to possession of the property. They will not have any monetary judgement against them. They will have an eviction on their record. If you want to go after them for the money, you would need to sue them in small claims or district court.

  138. Hi, I’m a new landlord and looking for some advises. I rented my house out sine Jan of 2010. My tenant has never paid her rent on time, and I’ve always given her chance after chances to work thing out with me and willing to accept late fee from her. However, it’s getting worst lately and she has been verbal abusive to me when I asked her to pay the rent due. I now can not tolerate her rudeness and excuse after excuses. I did not get her Nov and Dec 2010 rent plus late fees paid in full in Feb 2011. As of today, I have not received Mar 2011 rent yet. She told me that she has been approved for emergency assistance from Hennepin County to pay her March rent. She said that I should get my rent payment at the latest last Thursday because the Hennepin County said they send a check to me Monday the 20th. Friday I did not receive a check yet I text her for status and she text me back instead of text her I should call the Hennepin county myself because she is not the one who cut the check for me. I tried to response to her comment, but her phone is no longer in service. She is a section 8 renter. The rent is $1500. Section 8 paid $667and her portion is $833 with 12 months contract. I don’t section 8 know that she went and get additional help from Hennepin county. The rent is due on the 1st; however, she has until the 10th to pay rent with out accumulated any late fee. There is $50 late fee if the payment is received after the 10th, and additional $50 if the payment is received the 15th. I use MHA form to do my lease contract with her. Will I have the right to start eviction process when she 30 days past due on rent, or will I need to amend my lease contract to reflect the 30th days past due? Your advice will be greatly appreciated.

    Regards,

    Tepy

  139. She already owes you 3 months of rent. No need to wait any longer. You can evict on day 1 of rent being late.

    She is not going to catch up and pay you. Get down there on Monday on file the eviction.

  140. Hieu Nguyen Says:
    March 28th, 2011 at 11:33 am

    Hello!

    I have a friend. He asked to live in my house 1 month. I signed a paper that I received him $100 deposit, and $380 for living in one month. But after one month, he refuses to leave my house and dare me to take him to the court. Can I call a police come over to force him out or I need to file eviction?

    Please help me. Thank you so much

  141. You are going to have to evict him.

  142. Hi, I’m sorry I did not make it clear. She actually catched her past due rent in Feb 2011. As of today, she only owe March rent and it’s 29 days past due. Do I have the right to file eviction if I have already received $667 from section 8 as the portion for her $1500 monthly rent?

    Please advise, Thanks.

  143. Yes. Make sure your lease says that you can accept partial payment.

  144. Can anybody here help me with my situation? My tenant always has stories, the worst is I believed them, when I found the truth, the past due rent is 3 months rent. Then I went to the court, they answered the court, said they would pay by 3-payment, just do not evict them. I trusted them again. but they still do not pay and stay in my house. The eviction paper is done now, but sheriff’s schedule is 3-weeks later. The tenant got total 4 months rent-free staying.

    Does anybody know what I can do? Can I ask court to force him or his employee (he works for a security company in 4 years) to pay the money? Thank you for any suggestion.

  145. You can contact Attorney Matt Engel, (651) 209-6884 for help. It sounds like you need some legal guidance.

  146. Scott Kotnour Says:
    April 8th, 2011 at 9:57 pm

    I’ve tenant who is 8 days late. Per my last phone conversation, the tenant indicated that he won’t be able to pay April’s rent. So, I called the Anoka Co. office, and they stated that to file an eviction is $320.00. To serve the subpoena, the Sheriff charges $30.00 per person and $8.00 per mile.

    Do you know a reputable agency that could charge less?

  147. Less for what? The service of the eviction docs? that is pretty cheap and it will get done correctly. Otherwise, anyone that is not associated (like a friend) could serve the papers for you.

  148. Please advise what to do,

    I had tenants is on month to month lease, she is suppostedly moved out by end of May. I had given her 2 months notice. She hasn’t paid this month rent yet. She told me she’ll pay on the 22. Should i evict her now. Otherwise she’ll do that for May also.

  149. Start the eviction now. Then you are can be confident you either get the money or get her out. Read this post: http://www.evictionshop.com/eviction/end-of-the-lease-evictions/

  150. I filed a notice of motion and motion for expungement. If my landlord does not show up with the expungement be granted?

  151. Yes. I would expect you would win in a default.

  152. Does the sheriff have to serve the Writ after you win the eviction proceeding? I assume so and we have to pay them for that too. Wish the tenant would just get the heck out but since they didn\’t show up at court, I doubt they are going to move out until they get the 24 hour notice to vacate. Seems like they have more rights that the landlords do and can continue to live places rent free since it seems like a cold day in H**L before you can get any back rent through conciliation court and hundreds of dollars later. Can\’t get blood out of a turnip. Frustrating! Sorry to vent. Thanks.

  153. Yes in Minnesota. The sheriff is the only one that can serve the Writ. It can be frustrating, but that is why I preach to move quickly to evict. The longer you sit on the process (not saying you have, but most landlords do), the more money it costs you.

  154. I have a tenant who hasn’t paid the Minneapolis water utility bill and the water has since been shut off. Apparently, the city is going to codemn the property as you cannot have water shut off for more then 2 days if you are living there (311 told me this). An inspector will be putting a notice to vacate the property on the door tomorrow most likely. Have you run in to this before? Should I wait for this notice from city inspector (as I want the tenant gone anyway) or should i pay the utility bill tonight online to avoid the condemning and ALSO put a 30 day notice on the tenants door to vacate the property as they have broken the lease. We have a clause in our lease that not paying the utilities is breaking the lease. he has not paid May’s rent yet.

    Thanks!

  155. This is why you never let the tenant be responsible for the water bill.

    I am not sure on this one. I think you need to understand from the city/housing department, what happens once the property gets condemned. Sometimes that can mean that they will require code compliance and upgrades, which you don’t want. Once you understand what the ramifications are, you can make a more educated decision.

    Whether by condemnation or eviction, that tenant has to go.

  156. Hi,

    I’m a first time landlord. My renters have been in the house for almost 2 years. After the 1 year lease, I changed it to a month to month. I did this because I was nervous since they have paid me on time once in almost 2 years. They have never even given me the entire security deposit. I let my emotions get the best of me and tried being a nice guy and I feel I’m getting screwed now. I have never even charged them one late fee even though the lease states it’s $5 per day if rent is not paid by the 5th. In the future, it’s business from here on out.

    I got sick of them always being 3-4 weeks behind on rent so I gave them their 60 days last month. I got him to sign a paper saying what he owes and is responsible for. Even though they are looking for a new place, he still owes me money. Should I wait to see if they actually move out or start the eviction process now? He said he was going to pay me more money today but of course I got another excuse. 2 weeks ago I did have someone call me for a rental history so I know they are looking. I just feel they are going to leave me hanging without paying me the rest of what they owe.

    Sorry this is so long…. This has just been a very stressful time as I never wanted to be a landlord, I just couldn’t sell the house. We are a young family with one income and two house payments and it really hurts us when we don’t get the rent.

    Any advice would be greatly appreciated.

    Thanks

  157. Start the eviction immediately. Why let them find a new place to live at their leisure while living rent free? Are you going to let them live there another 60 days while looking for a place?

    Having them sign something is useless. Get the eviction on their record so at least it makes it more difficult for them to find a place.

    And what I am going to tell is harsh, but EXPECT they will NOT pay you the back rent.

  158. I live in anoka county and my roomate and I got into a fight. I was charged with 5th degree assault. During 5 months we lived there we never had a violation or were never late on our rent. Can 1 lease violation be enough to get me evicted?

  159. That is really up to the landlord. I would hope that if you pay your rent on time and everything else is fine, that your landlord would look past this.

  160. I have lived in a basement apartment for nearly a year now. Last summer i dealt with an aggressive mold issue. I spent much time and my own money cleaning my belongings and the flooring and walls in the apartment. Many of my possessions were flat out ruined. When we noticed the mold start to form we mentioned the issue to our landlords, they told us they would bring a dehumidifier to deal with the apparent moisture. they did not bring the dehumidifier. After repeat cleanings we continued to find mold on items that had previously been in near perfect shape. We made several attempts to work with the landlords to resolve the issue. Shortly after the first of the year i invited a general contractor to come take a look at the apartment in order to give me his take on the situation.. While he was looking around he found another couple of issues that i had previously overlooked.. the tile we were told was not asbestos, turned out to be asbestos and was completely falling apart in several places (loose, cracked, detached fragmenting tiles) He also pointed out the fact that the paint on the cupboards (which is flaking off in many places) was likely lead. We tested it… it is. After speaking with the landlords about the issues related to the dwelling we were told that they needed some time to “kick it around” we were patient.. but after two months… then three, we told them that a prompt decision would be appreciated.. then we received a letter letting us know that they would not be renewing our lease, which ends may 31. (the letter came 2 days after the birth of our second daughter)… recently i requested another 3-5 days past the end of lease in order to allow an insurance adjuster come take a look at the mold damage.. the landlords responded with an offer to let us stay for another 4 days provided we pay what amounts to 1/3 of our total monthly rent and asked that we singed a statement absolving them of any responsibility for the condition of the apartment or our belongings… what do i.. can i.. do?! there are more details and if they are necessary….. thank you

  161. I recommend that you speak to one of the free tenant legal hotlines to get more help.

  162. thanks much..

  163. Please help!
    I purchased a home back in 2008 with my girlfriend at the time, we separated and I moved out of the house. She did not want the responsability of a house so I refinanced all on my name. This was almost a year ago and can not get her out of my house, she pays nothing and now I am broke because I continue to pay for the house and bills while I am living somewhere else. I went downtown to file for an eviction but nobody will help because supposibly she is not my tenant, I am stuck here and do not know what to do. Any advice will be greatly apreciated please. This is in Hennepin county.
    Thanks

  164. Hello there, You’ve done a great job. I will definitely digg it and personally suggest to my friends. I’m sure they’ll be benefited from this website.

  165. I have a text from a tenant saying she was moving out. She also hasn’t paid rent for 1-1/2 months. Am I ok to go into the unit without permission? She has still been in and out cleaning out the unit but the place has stuff all over in it yet. With her text, am I free to start disposing of possessions she’s left behind or do I need to hold for 60 days? We are in Wright County.

  166. I would not go in unannounced unless you can confirm she is no longer living there. I would simply text her back and tell her (don’t ask), when you want to go in. Just safer this way.

    You can never dispose of stuff before 28 days unless it is trash or food or she gives you permission. Law changed this year, it is only 28 days now.

  167. my landlord served me forcible detainer,i have court tues.he accepted the 150 i was behind on rent.but now he saying i have to pay an additional 500 security in order to stay,can he still have me evicted if i dont pay it

  168. Not sure what state you are in. I don’t think he can force you to pay the additional $500. I would go to court and pay him at court and then ask the judge. Since you pay the $150, the judge will dismiss the eviction and then he would have to refile to evict you for the $500.

  169. I need help filling out the papers for the eviction in california superior court, it is so confussing and the tennants won’t pay. they paid to first month but it is not a rental. the property is suppose to be sold to them in payments and they havent payed anything eles.what am i suppose to do?

  170. The judge ordered my tenant pay us November and December rent of $1700 on December 6th, and she was told to move out by January 6th. Long story, but I doubt she’ll pay me the money by the 6th as the judge ordered. At that point, what can I do? Can I hire an eviction crew and throw her out, or do I have to go through the whole process again?

  171. Todd Christiansen Says:
    December 4th, 2011 at 10:09 pm

    I recommend that you find an attorney in California that can help you.

  172. Todd Christiansen Says:
    December 4th, 2011 at 10:10 pm

    I am assuming you are in Minnesota. If you already have the eviction and she fails to make the settlement, all you should need to do is go back to court and get the writ. no need to process the thing again. She did not live up to her end of the deal.

  173. My tenants locked three big pit bulls in the house and left just before the sheriff showed up to evict them.They also left three pit bulls in the backyard. The sheriff has to arrange a time and date to coordinate the eviction with animal control. The tenants went right back inside the house when the sheriff left.

    This is the second attempt to evict by the sheriff. The first time the tenant went to Legal Aid and petitioned the court to Stay the Eviction and Overturn the Judgment. The judge set a hearing date for two weeks later. At the hearing the judge again ruled in my favor and ordered the sheriff to continue with the lock out. Now, the tenants have more time to remain in the house without paying rent.

    Laugh with me!

  174. Jacob Watkins Says:
    January 4th, 2012 at 9:21 am

    I am a landlord and my property is in Ohio. My tenant has had several police complaints against them in the past 2 motnhs they have lived there. They do have a 1 year lease. Now last night there was a stand off at my rental property between one of the tenants friends and the police. I am waiting on paperwork from the police dept now. I was told drugs were removed from the home and amoung other items of illegal nature. Once I get the report and it does show illegal drugs can I evict them legally? I know I need to give a 3 day notice and I plan to once I get all the paperwork from the police. Can I evict for noise complaints and or drugs in house?

    Another question, They are going to pay me this months rent in the next 2 days. can I accept it then file the 3 day notice of eviction the next day after reciept of payment since it will be an eviction of noise complaints and illegal drugs in house?

  175. Todd Christiansen Says:
    January 4th, 2012 at 5:36 pm

    Ugh. That stinks. Times like that just make me want to throw in the towel.

    Just stick to your guns (maybe literally). If the tenant gets the dogs removed by animal control, they will be hating life as they will have to pay to get them back.

    I would be prepared for this tenant to break into the property if they are forcibly removed. Make sure to schedule immediate times with them to get their stuff out.

    What ever you do, do not give in as they have shown they will abuse the system.

  176. Todd Christiansen Says:
    January 4th, 2012 at 5:40 pm

    I am not familiar with the laws in Ohio. Typically, yes you can accept rent payment as long as you are evicting for something other than non-payment of rent. I would be prepared for them to be upset about that though! Check with your court.

    In Minnesota, landlords can actually have the city attorney file an eviction for them (rare, but it does happen). Then you don’t have to pay the eviction fees and you can stay out of the middle of it and not be the bad guy.

    On another note, make sure to talk to the city/police and assure them that you are very strict on screening tenants and are not tolerant of drugs/problems. I have seen properties have one bad tenant, the landlord doesn’t do anything, and then forever the police and city are hassling that property/landlord over stuff. It is almost like they are trying to push the rental to shut down or the landlord to sell.

  177. I have a house in Wright County I am renting out.

    Renters have not paid December. History of not paying rent on time and they have no plans of paying December or January, “they don’t have any money”. Can I just file an Unlawful Detainer or do I need to give them a written notice to evict thirty days PRIOR to filing the Unlawful Detainer? Rent is due on the 1st with a late fee incurred if not paid by the 6th, does the date of the letter have anything to do with this? I did give them a letter on December 16th stating if they do not have December paid by December 31st I would pursue further action (that is all I stated).

    I spoke to an attorney today and now I am more confused than ever.

    Thank you!

  178. Todd Christiansen Says:
    January 6th, 2012 at 11:06 pm

    Minnesota does not require prior notice that you intend to evict someone. If they have not paid for December, you should be in court immediately.

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