Evicting Your Tenant
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If you are a landlord long enough or own enough rental properties, you will eventually need to evict one of your tenants. It can seem like a traumatic and complicated event, but if you follow some simple tips, it is actually quite simple.
The rights and duties of landlords and tenants in each state are spelled out in federal law, state statutes, local ordinances, safety and housing codes, common law, contract law and a number of court decisions. These responsibilities can vary from place to place around the country and even within each state and municipality. Also, tenants in federal housing and other forms of subsidized housing have additional rights under federal law. Consequently, this article is specific to eviction in Minnesota and the Minneapolis/St. Paul area. My goal is that readers from other areas can still use this article as a framework to make the process easier.
Why to evict:
Typically, evictions happen because a tenant is behind in their rent or has stopped paying their rent all together, but any violation of the lease can actually be grounds for an eviction. As a landlord, you need to understand the language in your lease and your legal regulations. Some examples of lease violations that I have evicted tenants for include: repeated incidents of disturbing the neighbors, excessive damage to the apartment, excessive police calls, unauthorized pets, and unauthorized people staying in the apartment.
When to evict (for other lease violations):
Evicting for lease violations (other than past due rent) requires good documentation and proper notification of the tenant to put yourself in the best position to win the eviction when going to court. You should document in writing each time the lease is violated. Make sure to note the exact details of who was involved. Follow up each lease violation with a written warning to the tenant (keeping a copy for yourself). Make sure to quote the section of the lease that was violated and inform them that any repeated violations can lead to their eviction. If the violation is severe enough you may need to immediately start the eviction process, after you have collected the documentation, without issuing a warning.
When to evict (for past due rent):
As a new landlord, it is very easy to listen to the sob story about why a tenant can’t pay their rent and before you know it, they can become several month behind in their rent. Ultimately, most books and “experts” will say, start the eviction process the first day after the rent is late. I would argue that in the real world, it rarely happens that way. I am not suggesting that you let a tenant pay whenever they want, but you should do what you feel is fair. I have many tenants that consistently pay their rent late, but they do pay and include a late fee. You need to decide what your tolerance is and when you are going to cut off a tenant. Set that date in stone and stick to it.
Time to evict (in MN):
Although you can file all the necessary paperwork and go to court yourself, I am strong proponent of paying a service or attorney to perform the eviction for several reasons:
- The costs for many of these services is less than what I value my time at ($88 for the service that I use). I simply fill out a 3 page document, sign it, and pay with a credit card. The service calls me when the court date has been scheduled and they call me after court is over to tell me the results. I do nothing else.
- The process may require multiple trips to the court and waiting at the court for your case to be called. If you have a full-time career, do you want to take time off to attend an eviction proceeding?
- Several steps in the process require a neutral 3rd party such as serving the eviction notice. If these are not done correctly, the court can throw out your eviction action. You have lost time (and more money, including the filing fee).
- Lastly, these services perform hundreds and even thousands of evictions per year. They can be an invaluable resource if you have questions about the process. You may even consult with them to see if you can evict a tenant in a specific situation.
Regardless if you handle the eviction or you pay a service, the process generally works like this (in Hennepin County in MN):
- The court has you fill out some short paperwork explaining why you are requesting the eviction. You will pay a filing and process fee ($342 in Hennepin County).
- The court clerk will assign you a court date (typically 2-3 weeks out in Hennepin County).
- A neutral 3rd party must serve the tenant with a notice regarding the court date and why they are being evicted. If the tenant is not home or refuses to answer the door, the notice can be secured to the primary door.
- On the day of court, several scenarios can play out:
- Both the landlord and the tenant will be given an opportunity to explain their side.
- If the tenant owes past due rent, the judge will ask them if they are prepared to pay. Sometimes the judge will allow the tenant a week to come up with the money, but most often the judge will side with the landlord as s/he recognizes that the tenant has had plenty of time to work out a payment plan or find other sources for the rent.
- If the tenant is claiming to be holding the past due rent because of repairs that the landlord has refused to perform, the judge will often make the tenant give that rent money to the court to hold until the work is performed. Typically, the tenant is just trying to use this as a delay tactic and can not produce the money.
- When the eviction is for lease violations, other than past due rent, the judge will issue a ruling based upon the evidence presented. Again, having excellent documentation can help you prevail.
- If only one side shows at the court hearing, the judge will always rule in favor of that party. In my experience, only about 50% of the tenants will attend the hearing. Most will already have moved out by this date as they know they are going to lose in court and be required to move immediately.
- Typically the hearing is over very quickly and the judge will make a decision on the spot.
- If the judge rules in favor of the landlord: You can choose to enter into a payment plan with the tenant for any past due rent and allow them to stay in the apartment provided they honor the plan. OR You can file for a “Writ of Eviction” (in MN) which requires the sheriff to serve a notice on the tenant notifying them that they have 24 hours to vacate the property (there is an extra cost for this-$95).
- After the Writ has been issued, you have up to 30 days to schedule the sheriff to come to the apartment and have the tenant forcibly removed. In my experience, it rarely gets to this point. If a tenant loses in court, they are usually moving immediately as they don’t want to be removed from their apartment and locked out.
- Once removed by the sheriff, the tenant can be arrested for trespassing if they enter the building or apartment again.
- If the tenant leaves anything in the apartment after they vacate, you are required to store those belongings for 60 days before disposing of them as you like. You can charge the tenant to store the belongings, but you can not hold the belongings ransom to them paying the past due rent.
Other tips when going through an eviction:
- Sometimes it may be easier to threaten an eviction and have the tenant move out peacefully and quickly. This will save you time and the possibility that they will damage the apartment on the way out.
- Because it is difficult to accurately know when the apartment will again be available (or what condition it will be in), you should give yourself enough time after the eviction before releasing the unit.
The entire process can be intimidating, but it is a necessary part of being a landlord. It is always better to cut your losses, go through the process, and find a better tenant.
Scott Ficek is a Realtor with Keller Williams Integrity in Minneapolis and helps new and seasoned investors buy and own investment real estate. He owns and manages almost 30 investment property units from single family to multi-family. Find his website at www.minnesotainvestmentrealestate.com.
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Great post, as someone considering buying a first rental property this was a great primer on what to expect. Thanks
I am a landlord in Maryland facing evicting a tenant. Although the laws may not be the same in Maryland, the steps and ideas you mentioned were VERY helpful and has eased my fear for going forward with this process. Thanks!
Mack-
I find the toughest part of the process for most newer landlords is actually pulling the trigger on the eviction. Most of us are hoping that the tenant will come to their senses and find the money, but 90% of the time they never do. Many landlords hold on too long and before you know it, the tenant owes you 3 months of rent. Good luck!
We rented out our home because we were relocated. We had no intention of renting, and had turned down others who asked, but this gal’s grandparents live around the corner and are very responsible, kind people, so we relented.
Our tenants have been there 6 weeks, and now we are evicting. We served them the 30 day notice as per our contract. I tried to keep it very factual and professional. I stated we were no longer renting the property, as we are solely interested in selling. I didn’t get into all the gossip from all the neighbors watching the place, nor did I place blame on them. After the paragraph telling them we would no longer be renting the property, I did add a more personal statement, so it is in writing, that if they refer to their contract, they’d remember that late fees were added to the rent, as were fees for bounced checks.
I also added that we do not want them using the fireplace, and that we want the dog kenneled ANY time they are not available so that Realtors can show the property.
As I stated, I really wanted it to be less of a personal fight, and more of a professional decision.
After receiving the notice, she did call and begged me to reconsider. I was very professional on the phone and just stated that we wanted to sell it, not rent it.
Now, I have 29 more days to see if they trash the place in anger. Sigh.
Can you please send me the contact information for the service you use for evictions?
Any help you can give is appreciated.
Thanks,
Pam
This is great information for first timers needing to go through the eviction process.
Can you please send me the contact information for the service you use for evictions?
Any help you can give is appreciated.
Thanks,
Thanh
i have properties in both minnesota and wisconsin. wisconsin has a 5 day pay rent or quit rule/law. If a tenant holds over the 5 days he can be charged double rent. it is 14 days after the first notice, but this is so much fairer to the landlord. minnesota is so very far behind in landlord rights.
What is the x day of pay rent or quit rule/law in Minnesota? I do not see it anywhere in the MN statutes. Does this mean it can be any days the landlord set or is not required to post a pay or quit notice? My lease does not include the specifics. Thanks.
Minnesota does not require a specific day. I evict immediately whenever I decide. I don’t use quit notices or post to pay. There are nothing in the regulations that require it.
No one likes to go through an eviction of course….but this is outstanding infomation. Thanks for sharing this Scott!
I also would like to know an eviction service you would recommend. I am in the U of MN area in Mpls.
This is great information. Thank you for providing it.
Could you please send me the information of the service you use for evictions? I am a landlord who lives in the premsis however ever since my renter moved in I have been away on business and now have been permanently relocated. My renter is hysterical at the thought of possibly moving during the winter months and has threatened moving out by November 1st. I am in need of the rent but don\’t want to deal with the hassel of a renter anymore and am looking to just evict and get it over with. Any suggestions?
We are buying a house c4d we have been here for 4 months and only missed one payment. I have a child and one on the way can he evict us or does he have to wait till april?
Understand this the longer you wait the worse it can get in minnesota the laws favor the tenant with the “fix it, Get out of jail card” they can go back to the house and continue to destroy things like plumbing/flooding the house then they can claim that you are failing to keep up on the the house DOCUMENT DOCUMENT!!! everything and then document things that are not documented
They will find a way to not have to pay. And finally i would like to point out that though you may think the people at the court are not biased they are and they will try to get you to work things out with the tenant especially in the winter.
Great article Scott. I to would be interested in the Eviction Service that you use or recommend.
Thank you.
Thanks for the advice. What is the name of the service you use? We are dealing with a renter in Brooklyn Park/Henn. Cty.
Thanks!
Jennifer Gillard »
Thanks for the message.
Great Tips, I have been a landlord for many years and my experience is that you should consider eviction process on the 1st month. Don’t let tham go by. If they are late 1 month, and the 2nd month comes in and they do not have the money, your chance of getting the money from the tenant is 10%. If tenants owe you the 3rd months, your chance is less than 3%. The fourth month passed by, your chance is 0%
I, too, appreciate the information you’ve provided and would love for you to send me the contact information for the service you use. We’ve been landlords for 17 years and are facing our first eviction. (yes, we’ve been very lucky!)
I am a landlord and finally deciding to pull the trigger and evict someone who’s been late every month. I would love to get the information about the eviction service or services you use. Thanks for any help here.
I would be grateful if you could provide information about the eviction service that you use, my tennant has just become a nusinance in Brooklyn Park (police calls 9 times in 6 days). I need to evict for multiple lease problems and actual damage to the premises. Thanks in advance for any help that you can provide.
I am a Property Manager and would appreciate it if you could pass on the information regarding the service company you use for evictions. Also, can this company handle collections after the eviction process is over?
Thank you so much.
Can anyone explain the process of storing and documenting items left behind after a forced eviction. I realize that I have to store for 60 days, but don’t know anything else. My tenant is 29 days late in rent and has been warned.
Mike »
You will need to get the writ and have the sheriff officially/legally remove the person(s). At that time on the property, you will take an inventory with the sherriff of everything in the unit. You will sign it, the sheriff will sign it and then each of you will keep a copy. This way a neutral 3rd party (sheriff) has confirmed what was there.
Then store the items in a place that they will be safe and protected for 60 days. You must allow the tenant to retrieve the items and can not hold the past due rent a requirement. After 60 days, dispose of it as you like.
Thanks Scott for your answers. Do I have to pay for storage boxes and pay for the storage? It sounds to me like I have to have their items moved to a storage facility, kind of like moving someone elses stuff out for them.
Recovering this money sounds like a long shot due to the fact that they can’t pay thier rent in the first place.
Thanks again!
Mike »
You gave me a great idea for a new post. Check it out on the home page.
Does anyone know how to report a property manager who is in breach of contract. Would I talk to the Dept of Commerce in MN or some other organization to help me? My old manager is refusing to file eviction paperwork or go to court on some of our tenants because she has had to go to court 3 times.
Mike »
In the State of MN, you must be a licensed Real Estate Agent, so yes you could contact the department of commerce as they control the agents. They are unbelievably strict so any call from them will get an Agent’s attention (it is like getting a call from the CIA or FBI to us!).
Alternatively, you could call the agent’s broker (the person who holds his/her license). Although they are not this person’s boss (we are all independent contractors), they do have a quasi-employer relationship.
Alternatively, call my eviction service and have them do it instead.
You’re advice was great. I let my property manager know that I was going to file a complaint with the Dept of Commerce and she changed her tune very quickly. Prior to my warning she was not going to file paperwork and go to court. Our PM is now going to file the paperwork and appear in court for us.
im a tennant my job is seasonal im going back to work soon been doing anything i can to make rent but my wife lost her job at darque tan and this month i have no way out they just filed for eviction and added that lovely 340 dollar charge i need just a few more weeks i know your all on the other side but i was hoping you might have an idea to get me out of this eviction mess or buy me some time i always pay my rent nothing is more important but i just need more time this month it is a week overdue already it is 940 plus the 340 tomarrow please any advice would help also i wonder how to become one of those third party eviction serving guys sounds like they get alot of buisness from you and others who are in need of them
I don’t know who your landlord is, but for me, communication goes a long way. I am always willing to give someone some extra time if they pay when they are supposed to. Be sure to go to the court date. Do not miss it. Bring whatever cash you have and tell the judge that you have some money and want to work out a payment plan. Typically the judge will encourage the landlord to set you up on a payment plan.
This situation is not fun for anyone so trade with car. Thanks for the insight-full article, you give good advice. Never forget that the actions in many cases can be catastrophic for those people evicted.
However as a landlord and a provider for yourself and your family you sometimes have to make tough decisions in order to protect your assets.
I was hoping ot find a MN service like what you mention for the eviction process witout asking you for the 50th time but I wasn’t successfull in my efforts. You you’re willing to share I would be gratefull for the information. Thanks and great read!
Our lease requires a late fee after 3 days but states that after 7 days we may terminate the Lease. Do we immediately file Eviction Action with court, or does MN law require that I give them notice of the default first and ask that they vacate within a set period of time? ie, 7 days, 14 day 30 day?
Also, it sounds like if they pay me, at anytime between now and the court date, that MN law will allow them to stay. Is this correct?
They are not maintaining the apartment – it is filthy. Although lease states they must maintain, isn’t this subjective and how can I hold them accountable? They are also in default with our no pet clause, and having furniture in front of an egress door; do I have to give them a notice of violations with time to correct, or can I do an immediate evict? They are very scary – threats to fall down stairs as “they know the system” and have thrown a ton of bogus allegations of needed repairs as a way of delaying rent, using rent escrow threats. They are a handful – we feel like we are out of our league with these winners! They seem to know the rental law and how to work around it better than anyone! We believe they are using drugs, but have no way to prove, as their behavior is very volatile, erratic, moody, threatening and paranoid.
I, too, would appreciate any guidance on resources; I have read MN code and the Attorney General handbook, and continue to research online. I just feel very inept and want to be sure I am doing this correct and legal as they throw threats at us each and every day and I know that they will show up in court and fight anything that we do! I, too, would love to know contact information regarding the service that you mention. I have contacted our lawyer for guidance, but he does not seem too versed in this area of law. Please help.
I was excited to come across this website! It is the first one I have found that addresses MN, and the content is outstanding! Thank You!!
I just purchased a duplex 3 years ago. And had 1 tenant for 18 months, the other 3 tenants have been nightmares. Although this current tenant is fighting me all the way, and refuses to move with a written eviction. I did take her to court once, and the judge through out the eviction, because I removed the porch door, because they would not stop slamming the door, and I did shut the power off for about 1 hour, because she would not put the lights in her name, which was required in the lease, and she ran up a $200.00 electric bill, from Feb. 2009 till April 2009. Housing access in Duluth, said the judge had no right to throw out the eviction, because I caused to real hardship. So, I spent another $300 to take her back to court to get her evicted. This time, she will have the eviction on her record for the next 7 years. And I hope she has a hard time finding a decent place like she had here. She currently has 3 other adults living in the apartment, and is destroying the apartment, in which I spent hundreds of dollars upgrading.
I will never rent with a 6 month or years lease. A month to month is the safest way to lease. And always get the damage deposit before anyone moves in. Make sure you have the strictest lease possible, if anyone has issue with your lease, they don’t need to rent.
Great advice. Is there an eviction service that you would recommend in the Duluth area?
Not that I am aware of.
This is a great conversation! My husband and I have recently purchased a property in Minneapolis and our very first tennant has been a nightmare. We have learned alot through the process and realize that we have things to add to our lease. We did go to court and have a judgement against her. We filed writ and we had to call the sheriff. WHen we arrived, her stuff was all there. We documented and all, but she is not picking it up. I have a couple of questions. First, can we call amoving company now and have her pay for the expenses before we give her back her stuff? Also, can I show the place before her stuff is moved out? Lastly, I would like to alert other landlords that this one is crazy. Since the day her checks bounced, we have not had a conversation where she was not screaming at me and insulting me – at one point even threatening me. My husband and I have spent way too much time and money on this lady. We will be sending her to collections as soon as we get her stuff out and see how we can get her stuff out of our house. THere are thousands of dollars worth of property that she is “storing” at our house. I have heard about badtennant.org, but is there another way to alert landlords about her?
Thanks for the great info!
Donna
I have evicted our renters. She gave me a forwarding address. Can I deliver to her all of the remains she left on my property and leave it in her driveway? They left a two pick up trucks of crap in my driveway.
I would take pictures of everything for starters.
Then, the law states you can discard any trash, but you must store everything else in a secure location protected from the elements for 60 days.
You must store everything for 60 days. The law is a little unclear (and I am not an attorney) regarding having her pay for the moving/storage expenses.
Once you get the writ, it is your property again. Show it as you like.
I have not used badtenant.org, but I would be concerned about liable (unlikely, but I would think about it).
Interesting comments. My wife and lent our house to my wife’s nephew. After he came out of prison my wife allowed her nephew to move in to our house for free because it was vacant and he had no place to live. He has been there a couple of years while we have been out of the area. We have no contracts rental or otherwise. He wanted a contract for deed I refused. He destroyed 20 year old trees on the property. I wanted him out then. He told people he intended to put a wood stove in. I wanted him out then. He gave my wife $250 a month for two years which which Part of which I paid the taxes. Now that we are back in the area and need a place to live I served him with a 30 day eviction notice. He called me the next day ad said ye would not move. Any advice or suggestions would be apreciated.
I would follow through with the eviction. Even though you don’t have an written lease, there are common assumptions under the law. If you gave him written notice to vacate, that is a big start. Don’t bring all the other stuff into the eviction. Just keep it clean that you gave him notice and he is refusing to move out. Anything else and it will be he said/he said.
Laws have to change in Minnesota for evicting tenants. It should not have to cost $300 of your hard earned money to get a tenat out. Pay a sheriff $50.00 and that should be it. If a tenant can’t pay rent or trashes your property, they should be out in 3 days, not 30 days, that’s a joke. Who has more rights? Sure not tax paying property owners in Minnesota. Even the cops protect tenants more then property owners. I believe our city council men and women have authority to pas city ordinances to have tenants evicted sooner. And I am going to bring these issues up with out city council, and let them know, property owners have the power to vote city council in who will see it our way. If you fight this, property owners can take back power in investments they work hard for. Enough of tenants having the upper hand.