Abandoned unit in Minnesota

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Abandoned unit in Minnesota

Malik Mo
Minneapolis, MN · Member since 2017 · 5 posts · 0 votes

Does anyone know the rules in Minneapolis for abandoning the unit by tenants? Assuming the tenant is gone without paying the rent and no where to be found or called for over a month.

Thanks

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Malik Mo Have you tried the following items;

    Calling their place of employment?

    Texting them?

    Checking social media?

    Checking to see if the utilities are off?

    Put a piece of tape on the front door jamb, if it breaks the seal, you know someone has been coming and going

    Check your landlord tenant laws for Minneapolis, this will give you your answer

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  • Tim SwierczekPro Member
    Lender · White Bear Township, MN · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    @Malik Mo Great question and I can tell you that I knew the answer to your question about a year ago but I can't remember the specifics now.  A few things I would caution you on based on what I do remember.  First, the penalties for doing this wrong are  VERY substantial, and I believe this falls under the "tenants right to privacy"  your damages are substantial if you mess this up, and for that reason I recommend you DO NOT take specific advice from BP.  I love this site but you are going to get a lot of uninformed responses and options from other states which could lead you to trouble.

    Having said that "I think" that as long as they continue to pay rent the law and the lease is still valid, you cannot do anything.  They are an acceptable tenant by MN law, and your only recourse would be to file an eviction action if there is a material lease violation, but that is fairly unlikely in these cases.  The example I was given is that the tenant took a sabbatical to Europe for 2  months and is coming back.  Under state law, they have no obligation to notify you of their sabbatical and provided they pay the rent and make reasonable accommodations to secure the unit, keep the heat on in the Winter, etc you can't and should not do anything.

    Since your tenant has not paid rent you have a valid reason to file for a UD, however, you will have an issue with giving them notice and I do not know what the proper method is, so you should consult an attorney since if you do not give proper notice your eviction case will be thrown out of court.  You are definitely going to what to read the storage and disposal of property statute since even if you win you must to this correctly or you will be buying your tenant new stuff some day.

    Regarding the storage and disposal of their property

    https://www.revisor.mn.gov/statutes/?id=504b.271

    Complete index of statutes

    https://www.revisor.mn.gov/statutes/?id=504b&view=...

    Good luck, consult and consult an attorney ASAP.

    ~Tim

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  • Joseph Williams
    Rental Property Investor · Richmond, VA · Member since 2017 · 9 posts · 0 votes
    9y
    Search goggle for MN LANDLORD TENANT LAWS, should pop right up. They have a nice 100+ page PDF that will give you the info you need.
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  • Malik Mo
    OP
    Minneapolis, MN · Member since 2017 · 5 posts · 0 votes
    9y

    @Kim Meredith,

    The tenants didn't have a job. Charity agency was paying for her rent and they will not pay any more since she abandoned the unit. I texted but no responses. Not even the tenants have seen anyone coming to the unit.

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  • Malik Mo
    OP
    Minneapolis, MN · Member since 2017 · 5 posts · 0 votes
    9y

    @Tim Swierczek

    Thanks for your inputs. This is different case. She has informed the charity agent that was paying her rent that she will not come back to Minneapolis and she has moved out of the state. Also, she has left her stuff and she told them that she does not need them. However, I never heard from her. The lease is between the tenants and the landlord, not with third party that was just helping her to pay the rents. So, I can not take words from other people mouth since she never contacted me. She just abandoned the place without paying rents for June. Technically, the apartment has not been used for over one month. I wish to ask lawyers regarding this issue, but I can't find one that would one one hour fee for just advise.

    One landlord told me that I can send a certified letter to tenant and for sure it will come back to me since no one will accept the letter (no one is in the unit). I should mentioned everything on the letter and that I will enter the unit if I don't hear from her. After that, I can go to the unit with witnesses and record or take pictures what I can find inside the units. Then, put them in storage (like in my basement or shed) for one month. I like that idea! Also, I can clean up the unit and rent it before I loose money. The thing is that I cannot file eviction since she is no where to be found and I am 100% sure she has no desire to come back (according to her case manager). What you think?

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