Comments on: Evicting A Tenant

By: Todd Christiansen

Todd Christiansen — Sat, 07 Jan 2012 05:06:25 +0000

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.

By: Louis

Louis — Thu, 05 Jan 2012 21:03:30 +0000

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!

By: Todd Christiansen

Todd Christiansen — Wed, 04 Jan 2012 23:40:22 +0000

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.

By: Todd Christiansen

Todd Christiansen — Wed, 04 Jan 2012 23:36:16 +0000

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.

By: Jacob Watkins

Jacob Watkins — Wed, 04 Jan 2012 15:21:01 +0000

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?

By: Luna

Luna — Wed, 04 Jan 2012 05:43:33 +0000

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!

By: Todd Christiansen

Todd Christiansen — Mon, 05 Dec 2011 04:10:45 +0000

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.

By: Todd Christiansen

Todd Christiansen — Mon, 05 Dec 2011 04:09:35 +0000

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

By: Ryan

Ryan — Wed, 30 Nov 2011 11:32:13 +0000

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?

By: terri

terri — Tue, 29 Nov 2011 23:42:16 +0000

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?