Contract (by Tracee [MN]) May 26, 2009 6:25 AM|
Contract (by Hamlet [GA]) May 26, 2009 6:37 AM
Contract (by billy [MA]) May 26, 2009 7:07 AM
Contract (by AllyM [NJ]) May 26, 2009 7:20 AM
Contract (by Virden [OH]) May 26, 2009 10:53 AM
Contract (by John... [MI]) May 26, 2009 11:40 AM
Contract (by Tracee [MN]) May 26, 2009 12:07 PM
Contract (by meangoose [MN]) May 26, 2009 5:32 PM
Contract (by meangoose [MN]) May 26, 2009 5:34 PM
Contract (by Tracee [MN]) May 27, 2009 5:37 AM
Contract (by John... [MI]) May 27, 2009 6:02 AM
Contract (by Tracee [MN]) Posted on: May 26, 2009 6:25 AM
State Specific Question About: MINNESOTA (MN)
I have a tenant that is behind on 2 late fees, 2 return check fees, and 2 months rent. I sent them an itemized letter with all the fees they owe up to date and gave them a 15 day time line to pay then I will proceed to file an eviction notice. I had called an attorney and this is what they advised and said I did not need an attorney to represent me. But, Now the tenant left me a message and said they need to sign a pay or Quit" contract? I know they've been through this before. Any suggestions? Tracee --97.116.xx.xx
Contract (by Hamlet [GA]) Posted on: May 26, 2009 6:37 AM
Sounds like eviction is your next step. Do that soon as legally possible (I realize that the People's Republic of Minnesota isn't a landlord-friendly state, so make sure you have followed the prescribed steps leading up to that action).
Do not let tenant promises or offered deals prevent you from filing the eviction and protecting your assets.
Unless MN prohibits your acting sooner, you shouldn't have let your tenant get 2 months behind on rent (soon to be 3 months behind).
Don't let your tenant be your source of legal advice. --74.176.xxx.xx
Contract (by billy [MA]) Posted on: May 26, 2009 7:07 AM
i start eviction on the 5th and think u should too if your state lets u .if its your first eviction i think u should get landlord tenant atty to avoid any stupid mistakes. --208.58.x.xx
Contract (by AllyM [NJ]) Posted on: May 26, 2009 7:20 AM
They don't know what they are talking about. I don't believe there is any such thing.
You need to send them a Pay or Quit Notice which you already did sort of, when you sent them the notice you mention.
Call a different attorney. Most of them don't like to go to landlord tenant court. Only a few are good at it. Look in the yellow pages for Lawyers and find one who mentions in their ad that they do Landlord Tenant law.
Contract (by Virden [OH]) Posted on: May 26, 2009 10:53 AM
Check your state laws about 3 day pay/quit notice - must be served properly or you lose instantly if discovered in court. If this is your first hire flat rate eviction lawyer company to get the bums out as quickly as possible, 2 months is 59 days too late. --99.128.xx.xxx
Contract (by John... [MI]) Posted on: May 26, 2009 11:40 AM
If the tenant asks YOU for the Pay or Quit, then they are waiting for you to give the notice so that they can take it to local places to try to get emergency assistance, IMO. That is the only time I ever have tenants ask ME for the Pay or Quit notice.
So, that is yet another reason to post notices immediately. They might actually have a chance at getting some assistance -- if you had given them the notice after they were behind the first month, then they might have already gotten assistance.
But, usually, once it gets to that point, it is just a matter of time anyhow unless something significant happens with them (i.e. new job or something).
Contract (by Tracee [MN]) Posted on: May 26, 2009 12:07 PM
Actually your right on...they are trying to get assistance from the county, which is why she states she needs the pay or quit notice. What exactly do you mean by "post notices immediatly" I sent a letter and listed the fees owed to us, is that what you mean? When you say "it's just a matter of time....do you mean before they get assistance? Thanks for all your help! Tracee --74.40.xxx.xx
Contract (by meangoose [MN]) Posted on: May 26, 2009 5:32 PM
www dot ag dot state dot mn dot us --76.113.xxx.xx
Contract (by meangoose [MN]) Posted on: May 26, 2009 5:34 PM
www dot ag dot state dot mn dot us /Consumer/housing/lt/default dot asp
This is the MN Atty General's page on landlord/tenant law. It explains what you need to do to evict.
Please note: what you need to do to evict is not necessarily the same as what your tenant "needs" in order to get assistance. --76.113.xxx.xx
Contract (by Tracee [MN]) Posted on: May 27, 2009 5:37 AM
Very Good point...your help is very much appreciated! Thanks for this info! --97.116.xx.xx
Contract (by John... [MI]) Posted on: May 27, 2009 6:02 AM
To answer your questions that you asked me:
By "post notices immediately", we mean that as SOON as they are late, you should start the eviction process for your state -- which is likely a Pay or Quit notice. (Many here will say to do it immediately -- I admit that, in my area, I wait a couple weeks as mine tend to get out of the hole eventually.) In any case, you should post that Pay or Quit notice much quicker than 2 months after they are late. Either do it immediately -- or soon after -- depending on your local circumstances.
By "it's just a matter of time", I mean until they are completely out of money and there is no more emergency assistance to get -- and you'll have to fully evict them anyhow. In general, unless some significant occurs (as I said -- like a new job or something), people VERY RARELY recover from being 2 months behind on the rent. If they don't have enough money to KEEP up, then they aren't going to have enough money to CATCH up.
Even with emergency assistance, it is rare -- because most places will give a half-month's rent or MAYBE a full month -- but not TWO months.
So, if they just have a little problem and gets corrected, then posting the Pay or Quit quickly would have allowed them to get some emergency assistance and get back on track possibly. By waiting this long, it is unlikely that they will get enough assistance to even catch up -- which means that they will continue to be behind and it'll likely only get worse.