Evictions are a necessary part of being a landlord. Depending where your investment property is located, you may do them once every 5 years or once every 5 months. Ultimately, though, I see an eviction as the last resort. At the same time, I can’t allow my tenants to push me around and simply never pay me. But unfortunately, 95% of my evictions result in me collecting ZERO dollars from the tenants. I am left with a big bad debt right off.

Two weeks ago while I was down at Hennepin County, filing another eviction (5th one for 2008-not a good year), I read about doing Pre-Filing Mediation. This is a procedure in which a neutral third party, at the request of the parties to a dispute, assists them in reaching a mutually satisfactory settlement. In mediation, both parties need to agree to meet with each other and the mediator. The mediator is not a judge and will not decide the solution, he is more like a facilitator to help the parties find a agreeable solution.

3 possible outcomes to pre eviction mediation:

1. An agreement is reached and signed by both parties, no court case is filed, no fees are paid, and no record of this action exists. Good for everyone.
2. The parties can not agree during the mediation session, they are served right then to appear in court in 7 days. This case will be one of the first ones heard by the judge in Hennepin County eviction court.
3. If one of the parties is not willing to use mediation, the case is referred back to housing court and the eviction will proceed as normal. This case will be one of the first ones heard by the judge as a reward for attempting mediation.

Benefits to Mediation for the Landlord:

• No filing fees if the case is settled
• Priority status on the Hennepin County Eviction Court Calendar if the case does not settle

Benefits to the Tenants:

• If the case is settled, there is no court record of an eviction action being filed against the tenant.

In my case, I decided that the tenants just needed an authority to wake them up to the fact that they are not living in Mom & Dad’s house any longer. They have signed a lease and they have obligations to pay. Although we did not go to mediation, the letter from the mediator quickly motivated them to work out a payment plan with me. As of now, they are on their way to paying off their back rent!

Although I may not use this in every situation, I think mediation can be a softer approach that may get you your past due rent paid, instead of just clearing out your apartment.

Have you always wanted to own investment properties, but never knew where to start?