All Forum Posts by: Brad Schaeppi

Thanks @Tim Swierczek

In Minnesota, there is a clear difference between a 14 day notice to quit vs. filing immediate filing of an eviction action for non-payment of rent.   Your post refers to a landlord's 504B statutory right to issue a MONTH TO MONTH residential tenant a 14 day notice to pay or quit.  fo all reading, this statute does NOT apply to tenants with fixed term 1 year leases, etc. unless the tenant remains past the end of the term.  See:  https://www.revisor.mn.gov/statutes/cite/504B.135

If you file an eviction for non-payment of rent and skip the 14 day notice to pay or quit, the tenant has the right to redeem the tenancy (pay and stay).  If you deliver 14 day notice to pay or quit on the tenant, and the tenant does NOT pay and remains, THEN the tenancy is terminated and an eviction can be filed with NO right to redeem (pay and stay).  

I recommend form a relationship with an landlord tenant attorney, sign a retainer, and then have on demand opportunity to ask 10-15 minute questions as they arise throughout the year.  The cost of a quick call here or access to a better form, notice, or process will be some of the best money you can spend as an investor.  You don't have to learn from your mistakes.  Pay a couple bucks to ask ahead of time and avoid mistakes.  

ALL PEOPLE READING THIS SUMMARY FEEDBACK SHOULD NOT RELY UPON THIS INFORMATION AND SHOULD CONSULT AN ATTORNEY BEFORE TAKING ACTION WITH THEIR FACT SPECIFIC CASE.  

@Daniel Anshus Purchase and owner occupy a duplex. You can get low $ down, etc. Find one that is in a C+/B- neighborhood that qualifies for FHA financing (real estate taxes are not brutal). Avoid total rehabs---do cosmetic--sand/stain hardwood floors, paint, light fixtures. Find one with a vacant unit from day 1. Fix your unit first, then consider moving units and doing the other a few months later (subject to lease or moving that tenant). Find a best of breed duplex--No 7' ceilings, No 8' x 8' bedrooms, no peeling exterior paint, ideally double pane windows, etc. Look for 10 x 12 or 10 x 14 bedrooms and 8-9' ceilings, good stucco/brick, clean no/low moisture basement, average shingle roof, etc.

If one looks at the 2018 MN Realtor PA, you will notice new language in 196-210.  Buyer must represent "financial ability to perform" (if not contingent on sale of home, etc.).  This is a good primer on the topic of "fraudulent inducement" referenced in other bigger pockets blog articles.  If you sign a PA and have NO ability to perform on that contract (wholesaler without any ability to purchase), and the Seller suffers damage (unlikely but not impossible), Buyer wholesaler may be held financially liable for Seller damages.  As with all my posts, this blog posting is NOT fact specific legal advice, merely general information.  Seek legal counsel before acting on all contracts.   

I. Fraudulent inducement claim

A claim for fraudulent or intentional misrepresentation requires a showing of the following elements:

(1)There must be a representation.

(2)That representation must be false.

(3)It must have to do with a past or present fact.

(4)That fact must be material.

(5)It must be susceptible of knowledge.

(6)The representer must know it to be false or, in the alternative, must assert it as of his own knowledge without knowing whether it is true or false.

(7)The representer must intend to have the other person induced to act or justified in acting upon it.

(8)That person must be so induced to act or so justified in acting.

(9)That person’s action must be in reliance upon the representation.

(10)That person must suffer damage.

(11)That damage must be attributable to the misrepresentation, that is, the statement must be the proximate cause of the injury

Nave v. Dovolos, 395 N.W.2d 393, 397 (Minn. App. 1986)

Yes to @Tim Swierczek feedback.  If an eviction action complaint does not meet the statute, assume your eviction action is subject to dismissal by a Plaintiff motion or by the Referee's own gatekeeping analysis.  "C" is an alternative option---potential options include some form of written notice sent by landlord and received by tenant 30 days in advance:  address was on mgmt/landlord letterhead sent 2 months ago, CRP mailed to tenant had proper legal address, etc.  As always, my feedback here is general in nature and not legal advice.  As a business practice, I recommend even small landlords have a small retainer on file with an attorney and ask him/her fact specific questions on demand.  

Thanks @Tim Swierczek.  I do not have a form for non-clients, but happy to assist as a standard client, possibly with flat fee.  Beyond the form language, it is important to understand what to do when the deal does not go as planned.  

This is the latest I received (no specific language).  I believe this is gov't speak for no public language is available while Council works on their draft.  Anyone--free free to chime in if they were successful to obtain.  

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http://lims.minneapolismn.gov/File/2018-00308

Hello Mr. Schaeppi. The ordinance referenced in the legislative file page linked above has not been submitted to the Clerk’s office as yet. 

@Pavel U. thanks for sharing.  There are three different City of Minneapolis ordinances:  1)  Conduct on Premises (passed), 2) Advanced Sale Ordinance (passed), and 3)  the Renter's Protection Ordinance (in the works).  Stay tuned.  I will do my best to summarize and comment on everything as it is proposed and or/or passed.  In my own personal opinion, I believe there will be litigation in the future as to State pre-emption of at-will tenancy notice under Minnesota Statute 504B and these new municipal regulations that seek to regulate the same area of law in a more stringent manner.  

There are many new ordinances underway.  

Here is the advanced sale ordinance:  

https://lims.minneapolismn.gov/File/2018-00159

Here is a link on what Faegre Baker Daniels presented to the City:

https://drive.google.com/file/d/1r6Pj5Ox-Wx3RwBugQ...

I

I will have the draft language shortly.  If anyone beats me to the punch, please post.