Hey guys, I need some advice with this problem. I have an out of state property and the tenant has not paid rent since Feb. Her lease expired in July and she doesn’t answer text or calls. Spoke with my attorney and he says government orders (MN) won’t allow me to evict her. Can someone explain to me how this is possible or what I could do to move forward? It’s been a huge inconvenience and I can’t let this continue any longer. I prefer my leases to end in the summer and not close to winter.
Sorry to hear this, there must be some way for this particular situation. Get another opinion more local and reliable RE attorney. Even if you start the eviction tomorrow it will take 2-4 months it means one year loss of rent.
In Florida you can post a termination of lease notice (completely ignoring the fact she isn’t paying) and simply say “her lease is up and I want my unit back”. Because this is not COVID related, Florida is letting these evictions go through... so maybe check that for your state.
Between now and then, file a small claims court case to get a judgement for your 7 months of back rent. We did this recently. It works well because you know where she lives until she is evicted. Lol. The judgement is good for 5-10 years in Florida and you can garnish wages if she blows off paying you back. You register your judgement with the Secretary of State in Florida.
Hope it helps!
@Randall Alan I will look into this for sure. Thank you!
@Joshua Robinson I am sorry to hear your problems on this, I will cover basics but can always PM me on specifics.
Here in MN we have a state moratorium that is one of if not the strictest in the country.
The moratorium states that not only can you not evict, but can not serve notice of evictions or lease terminations UNLESS it meets the high bar qualification for illegal activity at property as listed in state statute (basically they must be caught for running ti as a crack house) or tenants are putting other tenants in immediate danger of harm (think domestic issues case, and have to have proof such as police reports) or significant damage to property (state attorney general put this bar so high that it's things like concrete down drains or stripping home, over the top extreme things).
NOW that said, the order states it does not remove tenants financial responsibility. That means all legal recourse on debt is still available. So with that our #1 remedy action has been to present tenant with a cash-4-keys option with the "information" (NOT threat) that "if" we can not reach a mutual agreement in cash-4-keys the landlord will be left with no other option than exercising last remaining remedy of civil suite for owed monies, legal costs and damages from breach of contract, receive and file judgement, and then all the following from that such as: judgement affect on credit report, wage garnishment, inability to receive loans or other housing due to impacts of judgement on record.
It requires good communication and negotiation skills to utilize this method, but it is very literally all we got in MN so if your an investor in MN you better get good at it or retain someone who is. So far I have a 95% success rate at this, once tenant realizes there is still legal actions a landlord can do that will negatively impact them, everything changes and things become very workable.
KEY POINT: I have not used this against anyone who is legitimately in a financial position due to covid and no action of their own, thats also because I havn't has one yet. Everyone in arrears has been out of choice and taking advantage, not legitimate covid impact. This could be a MN thing as he have a HUGE labor shortage and anyone can work who will.
In summary: the answer is a cash-4-keys backed up with civil suite and judgement enforcement.
I think you need a new attorney. Any non Covid related eviction is allowable. Also, in order for a tenant to not pay due to Covid, they have to apply for the moratorium. Im assuming they did not because you would have been notified. Are you using a property manager?
Per MN Governor Tim Walz executive order NO evictions or lease terminations are allowed in MN other than for criminal activity as listed in order, need for property owner to reoccupy, or extreme property damage.
My apologies I missed where it said (MN). Im in Ohio and we have still been successful with evictions