MN - how to remove unwanted holdover tenant with covid restrictio

MN - how to remove unwanted holdover tenant with covid restrictio

Member since 2021 · 1 post · 0 votes

I just purchased a property June 1, 2021. The leases that were signed by tenants and previous owner clearly states they accept that their lease ends when the building is sold and that they will be required to leave the building within 30 days of the sale. They were served 2x with notice of building being sold 60 days prior and 30 days prior as well as served a request to vacate by July 1st by a 3rd party. They are not paying rent, and have not and will not be signing new leases. They are constantly having the police called and are wrecking my property. Does anyone know anything about a specific situation and what can be done? All the help I can find is for renters however I'm a new property owner and being torn down before I even start thanks to the state of Minnesota.
Looking for help,
Stephanie Smith

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Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
5y
Originally posted by @James Hamling:
Originally posted by @Cara Lonsdale:

COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

 OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

CDC Declaration

Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

Minnesota Specific

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  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    5y

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

  • Rental Property Investor · Gilbert, AZ · Member since 2020 · 210 posts · 163 votes
    5y

    Hi @Stephanie Smith, I'm sorry that you're going through that situation. Each state has different landlord/tenant laws, so I would start by researching Minnesota's laws related to Holdover Tenants. Normally if the sale is conditional on the tenant moving out, then I wouldn't recommend actually closing on the property until that step occurs, however it appears from your post you have already closed on the property so that's not helpful advice at this point. 

    Below are a couple of options (in order):

    1) I'd recommend trying to communicate with them directly if you haven't already (i.e. in person, phone call, etc). I know you mentioned that you served them notices already, but sometimes actual dialogue can go along ways in helping to communicate both parties sides more clearly. 

    2) Cash for keys - this is a tough one to swallow for someone in your situation, but sometimes incentivizing the tenant to leave either financially or with assistance with moving can avoid eviction, and may be cheaper than the actual eviction route. The formal eviction process will hurt the tenant with being able to find future rental properties, so they should equally be motivated to avoid that. That's why direct communication might help to talk through this option with them. It can also be a slippery slope, so set an initial amount (i.e. one months rent, $500, etc) as a one time offer and then stick to it.

    3) You could start the formal eviction process if you current lease indicated they'd move out by close of escrow. Again, double check what your lease says and your specific state's laws

    Hope this helps. Best of luck

  • Flipper/Rehabber · Minneapolis, MN · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    Good luck - MN didn't make it easy with the "off ramp".  If they haven't applied for assistance you may be ok https://homelinemn.org/phaseou...

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y

    @Stephanie Smith this is a layer cake of hot-mess. 

    First off, the entire deal you outlined, never was legal from the start, so this whole thing began horribly and missing due diligence phase from start. This also raises question of did seller know what they were conveying about tenants leaving for sale was not legal, and were misrepresenting on purpose to give false confidence for you? And what of listing agent, what of YOUR buyers agent?! 

    Again, from start the agreement and contract was not only not enforceable but actually illegal under the moratorium at the time. 

    Your in a bad BAD position now. You need someone with absolute Mastery to dig into everything with this property, situation, transaction and to give a complete informed analysis because it's clear this is a huge mess and litigation may be required. From there an action plan can be made, than executed on but I am 98% certain it will be beyond your capability to execute upon, because the skill and knowledge required to navigate it would be a person who wouldn't have gotten into this situation in 1st place given knowledge and experience base. So..... most likely your best route is a partnership with a veteran REI Pro, a MN REI Pro.

    Or, hire all the pro's needed and bring a giant bucket of money for what it's going to cost. I get this isn't ideal but it's reality, you have massive PM issues, transactional issues, you need a few professionals immediately. 

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y
    Originally posted by @Cara Lonsdale:

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

     OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

     OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

    You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

  • Realtor · Bloomington MN (bloomington, mn) · Member since 2016 · 451 posts · 263 votes
    5y

    @Stephanie Smith don’t take advice from people on the internet. Reach out to local professionals like @Brad Schaeppi

  • Flipper/Rehabber · Minneapolis, MN · Member since 2016 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @Cara Lonsdale:

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

    You posted a link to the exact same thing I posted above.  MN restrictions are more restrictive than the CDC.  And just because you may be able to evict doesn't mean judges are taking the cases....  I know several people who have tried evicting for issues outside of non-payment of rent and have been stuck.  Landlords lost a lot of rights in MN, I am not sure what experience you have in MN evictions but it is far more difficult than the federal moratorium.   

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @John Woodrich:
    Originally posted by @Cara Lonsdale:

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

    You posted a link to the exact same thing I posted above.  MN restrictions are more restrictive than the CDC.  And just because you may be able to evict doesn't mean judges are taking the cases....  I know several people who have tried evicting for issues outside of non-payment of rent and have been stuck.  Landlords lost a lot of rights in MN, I am not sure what experience you have in MN evictions but it is far more difficult than the federal moratorium.   

    So you just proved the only point I was trying to make.  Landlords CAN evict for other reasons legally.  The courts may be busy or delayed, but there is nothing illegal about proceeding with an eviction based on acceptable reasons.  There was another BP'er that claimed my comments were advising the OP illegally, which is not correct.

  • Flipper/Rehabber · Minneapolis, MN · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    My point is this - it isn't as easy as people think.  

    This is also a fluid situation as they added an eviction notice period and other things.  MN is trying everything they can to protect tenants with the off ramp and people can throw away filing fees and waste all the time they want but it will save a lot of time to discuss this with an attorney.

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

     OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

    You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

    Your wrong! 

    Again, this SPECIFIC instance is in MINNESOTA and specific to MINNESOTA, like I already told you. I agree, YOUR misinformation IS a problem. 

    In Minnesota we have a STATE moratorium order, so not only are you promoting wrong information, your actually arguing very VERY wrong information, it's not becoming. 

    Minnesota Governor Tim Walz made it a CRIMINAL offense to violate the moratorium, punishable by huge fines AND jail time. 

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y
    Originally posted by @John Woodrich:

    My point is this - it isn't as easy as people think.  

    This is also a fluid situation as they added an eviction notice period and other things.  MN is trying everything they can to protect tenants with the off ramp and people can throw away filing fees and waste all the time they want but it will save a lot of time to discuss this with an attorney.

    Nail, Head, HIT!

    The whole MN moratorium ordeal is like a whole Days Of Our Lives season if not 2 or 3. Nothing about any of it is straight forward. They have now provided an "off-ramp" that provides eviction ability IF.... and those if's have their own "but"'s to them. AND even then, so a tenant didnt provide anything of applying for assistance, you do all the things to give notice, finally get into eviction court, all the tenant has to do is say "oh, but judge, I applied for assistance" and now the Judge is stuck, because it can't be proven the tenant didn't, so Judge can't allow eviction because "what if", but what if tenant didn't...... 

    So Judges are in a position where it's almost impossible to enforce the landlord ability to evict because it "could" violate tenants rights under off-ramp. So yeah, you "could" evict "if" but in reality it is only possible if tenant allows themselves to be evicted and if your to that point the tenant is not going to go "oh, sure, ok, evict me" because if they would have left already if willing to do that. 

    It's such a mess. 

    It is still the #1 best, cheapest, most effective strategy to simply negotiate and work with the tenants on a human level. No bribes, just actual human 2 human interaction, talking and negotiating. Internet has really done a disservice with how it's harmed peoples ability to interact in the real world. 

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y
    Originally posted by @Daniel Anshus:

    @Stephanie Smith don’t take advice from people on the internet. Reach out to local professionals like @Brad Schaeppi

     Soooo delete BiggerPockets? 

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

     OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

    You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

    Your wrong! 

    Again, this SPECIFIC instance is in MINNESOTA and specific to MINNESOTA, like I already told you. I agree, YOUR misinformation IS a problem. 

    In Minnesota we have a STATE moratorium order, so not only are you promoting wrong information, your actually arguing very VERY wrong information, it's not becoming. 

    Minnesota Governor Tim Walz made it a CRIMINAL offense to violate the moratorium, punishable by huge fines AND jail time. 

     James.  Read your Minnesota specific moratorium.  I provided a link.  If I am wrong, please provide me with the specific info citing where you are getting your info as I did for mine.  I haven't posted anything that wasn't backed by proof.

    Additionally, you admit in your rant that it CAN be done, but it may be difficult.  So, even you have admitted that the moratorium is not a blanket eviction restriction.  It does come with IFs.  One of them is a holdover Tenant, which is what the OP is dealing with.  Non-renewal of lease is another reason.  These are basically the same thing.

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

     OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

    You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

    Cara I am actually in MN, work in MN, with the biggest property manager not only in MN, but the US. I advise for literally hundreds and thousands of MN rental units, I have a legal compliance department and offices who's sole job is to read, interpret these laws and communicate with the government bodies directly. I am "the" definition of informed. 

    Those instances your talking about where a person could be evicted, did you read them? Serious question, because I HAVE evicted people under those, it requires the most extremes of extreme. I had a tenant who had the drug task force with 14 law enforcement agencies perform a raid on there rental which recovered items that lead to more than 2 dozen felonies. We had our attorney in front of a judge within 2 hours of notice, while I was heading out to the site, the Judge said he wasn't sure if the situation was of the extremity threshold needed to allow eviction during MN moratorium. 

    The reality ON THE GROUND in MN is that no, evictions are all but impossible, that is the reality. The government here makes it so complicated and hard to meet requirements, and than gives so many delays in process, judges are afraid to rule on anything more or less even hear the case...... 

    I get your reading things from a 1,000 miles away and they might read like a person can evict, I am telling you as a person who has done actual evictions and negotiated almost 30 voluntary surrenders, MN eviction is next to impossible at this time as law stands. A landlord is best served to engage tenants in negotiations, or someone who can do that, or to sell, that's our reality on the ground. 

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

     OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

    You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

    Your wrong! 

    Again, this SPECIFIC instance is in MINNESOTA and specific to MINNESOTA, like I already told you. I agree, YOUR misinformation IS a problem. 

    In Minnesota we have a STATE moratorium order, so not only are you promoting wrong information, your actually arguing very VERY wrong information, it's not becoming. 

    Minnesota Governor Tim Walz made it a CRIMINAL offense to violate the moratorium, punishable by huge fines AND jail time. 

     James.  Read your Minnesota specific moratorium.  I provided a link.  If I am wrong, please provide me with the specific info citing where you are getting your info as I did for mine.  I haven't posted anything that wasn't backed by proof.

    Additionally, you admit in your rant that it CAN be done, but it may be difficult.  So, even you have admitted that the moratorium is not a blanket eviction restriction.  It does come with IFs.  One of them is a holdover Tenant, which is what the OP is dealing with.  Non-renewal of lease is another reason.  These are basically the same thing.

     Where am I getting my info???? From here, IN MINNESOTA, where I am, NOW! I live here, work here. Google Renters Warehouse, heck it's all over my signature and profile and everywhere, 4 seconds of looking and anyone would go "Holly-Cow!" and instantly know where my info is coming from, we LITERALLY are THE authority, lol. Our legal compliance department, the MN State Legislature, The MN Governors Office and our direct contacts with government bodies, not to mention army of attorneys disseminating what the legal jargon means, that's my information source. 

    Seriously, no insult meant no anything, just look us up, it's really self explanatory really quickly. 

    And a last note, pray your market never adopts the kind of policies MN has in these moratorium antics. 

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:

    COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

    You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

     OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

    You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

    Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

    CDC Declaration

    Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

    Minnesota Specific

    Cara I am actually in MN, work in MN, with the biggest property manager not only in MN, but the US. I advise for literally hundreds and thousands of MN rental units, I have a legal compliance department and offices who's sole job is to read, interpret these laws and communicate with the government bodies directly. I am "the" definition of informed. 

    Those instances your talking about where a person could be evicted, did you read them? Serious question, because I HAVE evicted people under those, it requires the most extremes of extreme. I had a tenant who had the drug task force with 14 law enforcement agencies perform a raid on there rental which recovered items that lead to more than 2 dozen felonies. We had our attorney in front of a judge within 2 hours of notice, while I was heading out to the site, the Judge said he wasn't sure if the situation was of the extremity threshold needed to allow eviction during MN moratorium. 

    The reality ON THE GROUND in MN is that no, evictions are all but impossible, that is the reality. The government here makes it so complicated and hard to meet requirements, and than gives so many delays in process, judges are afraid to rule on anything more or less even hear the case...... 

    I get your reading things from a 1,000 miles away and they might read like a person can evict, I am telling you as a person who has done actual evictions and negotiated almost 30 voluntary surrenders, MN eviction is next to impossible at this time as law stands. A landlord is best served to engage tenants in negotiations, or someone who can do that, or to sell, that's our reality on the ground. 

    James, again, you are missing the point.  You claimed that I was advising the OP of illegal activity to evict under a tenant holdover.  Under the Minnesota moratorium language, this is a reason that is provided as acceptable to pursue eviction.  I am just trying to clear the record of your accusations toward me advising illegal activity which is WRONG! 

    Whether in practice it is a difficulty, or not is not the point.  You challenged me incorrectly, and I was clearing the record.  AGAIN, I ask you for a link to prove that the links I included (and others also included that ARE located in MN), and you choose to instead give me your resume, and bully me with your arrogant responses.  

     And while I am not in MN, I have holdings in other states.  In fact, I had a holdover just evicted in May 2021 at a property located in Michigan, which has equally strict restrictions for the process.  It was all done through an attorney.  All legal.  A judge signed off on it, and even ordered the court to service the lock out. 

    I don't need to go back and forth with you anymore.  You have already proven my point that the moratorium provides for other reasons.  All this other stuff you're throwing at me to bully me, I have no interest in.

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y

    @Cara Lonsdale

    I don't know what the deal is that you being wrong is bullying. Your wrong, plain and simple. The action your advising to do, ILLEGAL. Thats reality.

    No, a landlord could NOT evict for holdover, thats a fact. Feel free to google Gov Tom Walz monitorium orders, go to state of MN site and read the more than years worth or executive orders, I have 0 interest in doing your due diligence.

    The Gov Orders stated leases did NOT end or terminate, that all automatically renewed. And under the new "off ramp" bill there is similar protections.

    Michigan is NOT Minnesota!

    The only bully in this is you, slandering me for informing you of your dangerous and ignorant advise, you told someone to do something illegal and obviously had 0 knowledge to speak from. OR you did have knowledge and purposely told them to do illegal actions? Wither way, WRONG!

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @James Hamling:

    @Cara Lonsdale

    I don't know what the deal is that you being wrong is bullying. Your wrong, plain and simple. The action your advising to do, ILLEGAL. Thats reality.

    No, a landlord could NOT evict for holdover, thats a fact. Feel free to google Gov Tom Walz monitorium orders, go to state of MN site and read the more than years worth or executive orders, I have 0 interest in doing your due diligence.

    The Gov Orders stated leases did NOT end or terminate, that all automatically renewed. And under the new "off ramp" bill there is similar protections.

    Michigan is NOT Minnesota!

    The only bully in this is you, slandering me for informing you of your dangerous and ignorant advise, you told someone to do something illegal and obviously had 0 knowledge to speak from. OR you did have knowledge and purposely told them to do illegal actions? Wither way, WRONG!

     According to the link below, the Governor's powers ended on July 1st.  James, enough is enough.  I get it.  Your a big man.  You are the authority in all things Minnesota.  We bow to your every word, and you can never be wrong.  Although question....IF there were no exceptions, why were you in court before a judge?  You must have thought there was a REASON that allowed for your eviction action that was an exception to the moratorium.  Additionally, now that that part is over and new policies are in place, why are you still speaking to the old policies? 

    MN’s COVID state of emergency officially ends Thursday – Twin Cities

  • Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Stephanie Smith

    Craziest thing. I’m currently dealing with the exact same thing. Wasn’t liking how my PM was operating so I took it into my own hands. My tenant received a notice to vacate within 30 day starting July 1st. She hasn’t paid since March. I finally received her covid check in June to pay for all missed rent. Yesterday I texted her and told her that she needs to find another place and have an accepted application by the end of July. If she finds a place, I will have her stay until the place she found becomes available. In this case, that’s August 31st. Told her she would have to pay for August and if she leaves sooner I will give her a prorated portion of her rent back. She too destroyed my property so she won’t be getting any of the deposit back. I will say, she was extremely happy with terms I gave her. She was so appreciative of how patient we are/were with her. I did also mention that if she doesn’t have an accepted application before July 31, then we will start the eviction process come August 1st and will go through the courts to evict. She was terrified of the eviction because her score is already so low. I don’t mean to sound harsh but I’ve never been this understanding with anyone before. It costs me because I was hoping to refi my property and put it up for rent again beginning of May. Her lease was up in April. Now property won’t be listed for rent until Mid September. Not exactly the hottest time to find a tenant. Sounds like you’ve kinda tried this approach but hoping I provided a little help. If this doesn’t work, then evict and go through the courts. Sounds like you’ll win because they destroyed your property. No judge will be okay with a non paying tenant who also doesn’t appreciate the roof under their head that you provided them during a pandemic! So awful

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:

    @Cara Lonsdale

    I don't know what the deal is that you being wrong is bullying. Your wrong, plain and simple. The action your advising to do, ILLEGAL. Thats reality.

    No, a landlord could NOT evict for holdover, thats a fact. Feel free to google Gov Tom Walz monitorium orders, go to state of MN site and read the more than years worth or executive orders, I have 0 interest in doing your due diligence.

    The Gov Orders stated leases did NOT end or terminate, that all automatically renewed. And under the new "off ramp" bill there is similar protections.

    Michigan is NOT Minnesota!

    The only bully in this is you, slandering me for informing you of your dangerous and ignorant advise, you told someone to do something illegal and obviously had 0 knowledge to speak from. OR you did have knowledge and purposely told them to do illegal actions? Wither way, WRONG!

     According to the link below, the Governor's powers ended on July 1st.  James, enough is enough.  I get it.  Your a big man.  You are the authority in all things Minnesota.  We bow to your every word, and you can never be wrong.  Although question....IF there were no exceptions, why were you in court before a judge?  You must have thought there was a REASON that allowed for your eviction action that was an exception to the moratorium.  Additionally, now that that part is over and new policies are in place, why are you still speaking to the old policies? 

    MN’s COVID state of emergency officially ends Thursday – Twin Cities

    My gosh, I have no idea why so much hostility, insults and slander. Look, all I did was try to share with you the boots-on-the-ground REALITY of things in MN with tenant evictions, moratorium etc. which is very different than the advice your giving out to people. And bring to your attention that if people follow your advice, it's a crime in MN, they can get fined and even face jail time. And yes, my opinion that your NOT being a MN agent, NOT in MN, NOT having dealt with this but arm-chair-quarterbacking is negative, hurtful to persons, and in my opinion wrong. 

    I went into great detail in all I wrote, on how what's written in law is not so easy to act upon, how courts are stuck, judges stuck, landlords stuck, that's the reality of it all. 

    The eviction I detailed, yeah it happened, and look at the circumstance it took, a massive raid by numerous law enforcement agencies, I mean for pete's sake they had a helicopter out there and we still almost couldn't evict! I would not frame that as to how a person can evict. 

    I also detailed how I AM getting success in resolving situations, so that others can too, LEGALLY, effectively. 

    I have done all the leading to water I can do, if you want to drink sand and spit mudd that's your option, I tried. 

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @James Hamling:
    Originally posted by @Cara Lonsdale:
    Originally posted by @James Hamling:

    @Cara Lonsdale

    I don't know what the deal is that you being wrong is bullying. Your wrong, plain and simple. The action your advising to do, ILLEGAL. Thats reality.

    No, a landlord could NOT evict for holdover, thats a fact. Feel free to google Gov Tom Walz monitorium orders, go to state of MN site and read the more than years worth or executive orders, I have 0 interest in doing your due diligence.

    The Gov Orders stated leases did NOT end or terminate, that all automatically renewed. And under the new "off ramp" bill there is similar protections.

    Michigan is NOT Minnesota!

    The only bully in this is you, slandering me for informing you of your dangerous and ignorant advise, you told someone to do something illegal and obviously had 0 knowledge to speak from. OR you did have knowledge and purposely told them to do illegal actions? Wither way, WRONG!

     According to the link below, the Governor's powers ended on July 1st.  James, enough is enough.  I get it.  Your a big man.  You are the authority in all things Minnesota.  We bow to your every word, and you can never be wrong.  Although question....IF there were no exceptions, why were you in court before a judge?  You must have thought there was a REASON that allowed for your eviction action that was an exception to the moratorium.  Additionally, now that that part is over and new policies are in place, why are you still speaking to the old policies? 

    MN’s COVID state of emergency officially ends Thursday – Twin Cities

    My gosh, I have no idea why so much hostility, insults and slander. Look, all I did was try to share with you the boots-on-the-ground REALITY of things in MN with tenant evictions, moratorium etc. which is very different than the advice your giving out to people. And bring to your attention that if people follow your advice, it's a crime in MN, they can get fined and even face jail time. And yes, my opinion that your NOT being a MN agent, NOT in MN, NOT having dealt with this but arm-chair-quarterbacking is negative, hurtful to persons, and in my opinion wrong. 

    I went into great detail in all I wrote, on how what's written in law is not so easy to act upon, how courts are stuck, judges stuck, landlords stuck, that's the reality of it all. 

    The eviction I detailed, yeah it happened, and look at the circumstance it took, a massive raid by numerous law enforcement agencies, I mean for pete's sake they had a helicopter out there and we still almost couldn't evict! I would not frame that as to how a person can evict. 

    I also detailed how I AM getting success in resolving situations, so that others can too, LEGALLY, effectively. 

    I have done all the leading to water I can do, if you want to drink sand and spit mudd that's your option, I tried. 

    James, I think you have continuously missed the point.  At this point, people can read.  They can determine what to pull out of each of our comments.  

    I believe that you are experienced.  I acknowledge that you are local, and provide that insight.  I don't believe that you are infallible.  None of us are.  Your comments, whether intended or not, came off arrogantly.  I am not sure how you came up with your descriptions of my comments to you as they were defensive and not offensive, however if my comments to you felt bullyish, than I apologize.  

    Your very first comment out of the gate toward me put me on the defensive as you finger wagged at me like a child and accused me of illegal activity.  My comment back, and everyone since, has been to defend myself, as I would never suggest illegal activity to anyone.  

    There are alot of misconceptions out there about COVID and the protections that it provides to Tenants.  You are correct, that every state will also have their own set of restrictions and policies.  However, the one thing I have maintained that you will not acknowledge after many attempts to ask you to do, is that there ARE exceptions.  You even gave some for yourself of when you took a Tenant to court.  So, by your own example, you acknowledge that there are exceptions written into the policy.  You just won't acknowledge here in this forum because apparently being the "winner" is more important.

    Additionally, you are speaking to your experience in the past.  The OP is talking about a situation that is happening right now.  Since things have changed, policies have changed, and the past is immaterial.  I have included links above to all of the docs, info about the new policy, AND news that the Gov's powers have been overruled.  So, clearly the experience of the past year is not evidence of it continuing now.  A new plan of phase out has started.  More and more exceptions have been added.  

  • Real Estate Broker · Hugo, MN · Member since 2016 · 688 posts · 596 votes
    5y

    @Stephanie Smith

    Here are the current exceptions as of today.

    Repeated noise violations;

    Disturbing the peace and quiet enjoyment of others;

    Violating no smoking policies;

    Unauthorized animals;

    Unauthorized occupants;

    Failing to pay or maintain utilities (in certain situations); OR

    Any other material lease violations

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