To Evict, Or Not To Evict?

To Evict, Or Not To Evict?

Lonsdale, MN · Member since 2017 · 29 posts · 8 votes

Hello fellow Bigger Pockets members - My name is Kyle and I am a beginning investor in Minneapolis Minnesota (my property is in Anoka county), and I am wondering whether or not I should evict my tenants!

Here is my situation:
I own a Duplex, and I moved into one side and inherited tenants who currently reside in the other side. The tenant situation on the other side has changed multiple times since I've closed on the property and became their new Landlord. The tenants are a family of Mother, Father, and four children (one of which is an adult). When I closed on the property, it was just Father and Son (the eighteen year-old son), but then the Mother and three other Children moved in, but then the Father moved out, and I am left with Mother and four Children. The lease agreement is signed by the Mother and the eldest Child (being that he is an adult). The tenants won't pay rent. I got December's rent, but nothing for January and nothing for February yet. The lease agreement changed when the Father moved out and took his security deposit. It changed such that rent increased slightly because of more people in the space, an addition of a cat in the space, and that they now owe a new security deposit of their own. Late fees of 8% incur three days into the month. The tenants told me that they could not pay the security deposit in full, and asked for payments instead - I said yes, four payments over January February March & April will be fine (their lease is up in December of eighteen). The tenants now owe January's rent, January's late fee, and January's Security Deposit, as well as February's rent, February's late fee, and February's Security Deposit.

They have told me that they have applied for 'Emergency Assistance' through the County (their assistance is through Hennepin County even though they live in an Anoka County property). At first they told me that I need to 'write a letter stating that they were my tenants and include they they were late on rent and by how much.', so I did. Days went by and I asked them where their rent was. They came up with 'It's being approved, I'll call them tomorrow.' Days went by. 'Now they need this.' Days went by. 'Now I need this and I'm getting approved for two months instead of one.' Days went by. 'Now I need this from you, and I'll turn it in tomorrow.' Days went by. 'You should be getting a call.' Days went by, and here we are. Six weeks without any payments of any kind - Should I Evict? Is there any way that I can find out if their Emergency Assistance is legit and will be sending me a check? The tenants keep pushing me off and coming up with excuses, and I have been extremely compliant and patient and cooperative. I want to keep the tenants, I really do, but does anyone have any insight or experience with this sort of matter?

Thank you for reading my long post, I look forward to hearing back from you!

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Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
8y

@Kyle Baron

The stories change, and this is a creative story, but the MO stays the same. They are staling for time. 

You've waited five weeks to long to begin the eviction; don't wait another day. 

You can stop an eviction in progress, but can't go back in time and start one.

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  • Investor · Crystal, MN · Member since 2013 · 486 posts · 277 votes
    8y
    Originally posted by @Heidi Pliam:

    @David Moore I hope I am wrong too...but really, the thing that needs to happen is investors and small business owners statewide ought to lobby to eliminate use of the unauthorized practice of law statute when a company principal, authorized by company bylaws and resolutions, chooses to represent the company instead of hiring a lawyer!!!!!!!!!!!   (can you tell it's a pet peeve.)  

    Hiring a lawyer is just too expensive for most tasks.  The profession needs to identify some level of legal practitioner closer to $100.00 an our, than over $200.00.

  • Lonsdale, MN · Member since 2017 · 29 posts · 8 votes
    8y

    Thank you to all who have replied and given your wisdom and advice. I have learned a lot and have, of course, decided to Evict. I DID know the answer to the question before I wrote the post, I HAVE been too nice and compassionate and fearful, and I AM being walked all over - But given that I had learned so much from your guys' assistance, none of that is the case anymore. I am in contact with numerous lawyers attorneys / independent professionals who can help me through this. I am getting the right guidance and pointed in the right direction as to how to learn about and handle these situations. I am leveling up my investing and putting a stop to the bleeding all the while gaining an expensive and painful, but valuable education. The first house and first tenants are where you learn the most, and I am in the middle of that - Many more to go, chalk this up as a learning experience and use it in the future on the next one. Thanks again everyone.

  • Lonsdale, MN · Member since 2017 · 29 posts · 8 votes
    8y

    Hey guys! The tenants are out in two days! I need to follow up with some Conciliation Court... Does anyone know how to file for Conciliation Court in Minnesota? Should I consult an attorney? The one I already called told me that the process was pretty simple and that most people just do it on their own. Where is a good place to start? Does anyone have any previous experience with this?

  • Bayport, MN · Member since 2018 · 92 posts · 52 votes
    8y

    Go to the website www.mncourts.gov.  All the forms are on that site along with directions information you need to know.  

    It is simple.  Fill out the form, drop them off at the court house and pay the fees.  When they notify you they have been processed, have them served (Follow these directions to the letter) then show up on your court date with the evidence of what they owe you for.  

    When I have done it in the past, I normally spend more time waiting for my case to be called then the case actually takes.  

    Good luck!

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