State Specific Question About: MINNESOTA (MN)

I've been a landlord for almost 2 years now. One of our tenants whom we have given notice to not renew her lease has threaten to sue. I need some advice. See the lengthy description below.

Background: These tenants (section 8) are dirty, messy, and have gotten cited by the city twice for leaving a mess by the trash cans. We do not want them living on our property so we gave them notice when the lease was up to not renew.

Probable cause: Tenant slip on a puddle of water in the basement and fell while doing laundry. They told us about this on Monday night and will be suing us for doctor's bills.

2 months ago, they reported that there is water leaking near the washer. my hubby went out the next day but did not see any leaking water and could not find the source. The plumbing above the washer is the toilet. We bought a toilet, but did not replace because my husband did not find leaking water. Told them to call us when there's leaking water again. We never heard from them about it until the fall. Turns out the water is from the condensation on the pipes to the toilet.

Today, they have not paid their portion of rent for August yet. I sent out the Notice to Pay or Quit and gave them until the 11th. They are supposed to be moving out by the end of the month

Questions: Should I move forward with filing for eviction on the 11th if i don't receive rent from them? Or just wait until they move out on 8/31? What should I do with the threat to sue? I spoke with my insurance agent and they told us we should start a claim/report now so the insurance can document everything.

I forgot to mention that I've asked them to fill out an incident report per our policy. Tenant has refused.

must be MN requirement to allow them till the 11th for no pay/quit. here it's three days.

About 3 times a year I have a tenant threaten to sue me.. I always hand them a business card for one of my three lawyers, all on retainer.. What the situation that the tenant has blown out of proportion is tells me what card to hand out.

In 17 years of managing rental property, I have had HUNDREDS of people attempt to threaten me.. "I will sue".. Go ahead, knock yourself out, here is my attorney's card, serve me there.

In 17 years of managing rental property, with "over 10,000 tenants served", I have been sued exactly TWICE. One one outright, negotiated a settlement on another.. Total out of pocket expenses under $5000.

Please.. SUE ME!

Sean

You should always establish filing policy practices for when to file, i.e., always file for non payment of rent as soon as you can...

Pro tenants, and I would think that many Section 8 tenants are Pro's...will often threat to sue knowing that small time landlords will become fearful and will hide their head in the sand due to the suit threat...this type of tenant

So my advice is to limit your conversations with them...file for late rent...then follow state laws for filing for eviction if they do not move out at the end of the lease.

Pro antagonistic tenants also have a network of other pro's to bounce ideas about how to cheat the LL and to learn how to stay longer without paying in full...fortunately, you also have a "network" on this site to support you...

If you have not already done so, re-wind back and make dated notes to file about your visits to inspect and fix/correct the water problems and conversations with this tenant, etc.

Thank you everyone for your responses. I had the same thoughts as you to proceed with evictions. It's good to hear them echo throughout the community of landlords.

You're smart to have that umbrella policy Abby. Isn't it nice to know that several million dollars worth of insurance can be purchased so cheaply? Reason why that is: very very few insurors ever have to pay a large settlement. On the odd chance the tenant actually does sue and has a good case, they will usually negotiate for an amount that your homeowner's policy will cover within the liability limits for that policy. I had to max out my liability on my home/car/boat policy to $300K before my insurance would see me the first million of umbrella insurance. Cost for the first $300K? About $50 per month. Cost for the first 1 Million? About $8 per month.

It's not a mentality state. We don't REALLY want to be sued, but for the ignorant tenant who just rants stupidly about a legal process they don't truly understand, the calm and carefree demeanor we present when saying "ok, sue me" often shuts them up when nothing else will.

It took MANY years, Abby.. It used to bother me when a tenant was unhappy.. I would bend over backward to make things right, even if they were, in my mind that way already..

After a time, you become jaded, crotchety and cynical.. When you reach that point, nobody can touch you.. You can see the scam unfolding before the slug thinks up his next move, and you are ten moves in front of them... AND, it doesn't even bother you!

Where in MN? We have a rock solid member here who is on vacation that might be able to lend local support...

Sean

You wonna get paid? Then proceed. These folks might have a settlement in mind allowing them to stay for free some months, then pay as before. Very telling, their refusal to file an incident report or to send you medical evidence.

A friend of mine owns a car wash. He's threatened with lawsuits every week from people claiming that the equipment caused the ancient, rusty dents and broke their mirrors (that often have glue residue from where they were taped in place on the door).

He does the same as Sean. As soon as they start blustering about a lawsuit, he hands them his lawyer's business card and tells them to have their attorney call the number on the card. Then he walks away.

I can't recall him ever actually having to go to court.

We will definitely be faxing first and then call to follow up. Hopefully, they'll respond accordingly. I'll post with results.

Sean, I'm right in the twin cities in one of the burbs 15 minutes from Minneapolis.

Start an eviction on the 12th.

In California our leases allow a cap of

$ 500 for lawyers fees. You have to have a pretty hard up Shark to work for $ 500.

Update: Tenant paid rent at the end of yesterday, after we notified the section 8 worker.