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Re: Eviction tenant wants to pay partial rent owed - Landlord Forum thread 205976

Re: Eviction tenant wants to pay partial rent owed by ERIC on August 7, 2010 @23:25

                              
A partial payment now would stop the Court action of Eviction. In MN, we have an eviction hearing, possibly an Eviction Trial, then get a Writ of Recovery. I assume your State is the same.

Once the eviction hearing/trial is complete, you can take money. You can also still remove the tenant from the premise. The rent will go towards the unpaid balance, and damages - including Court Costs.

Once a Writ of Recovery is served, it still takes action by the LL to enforce it. So, you can delay enforcing it of you get enough money. In MN, we have 30 days from the issuance of the writ to enforce it, or it becomes a new eviction action.

A Writ of Recovery only tells the tenant to vacate in 24 hours. Whether they do or not is the question. Whether the LL calls the sheriff to enforce the Writ or not is question #2.

In a typical situation, the Tenant moves after an eviction, even without a Writ. If not, you have to serve the Writ.

After getting the Writ, the Tenant 'should' move, but if they do not, you must schedule a time for the Sherriff to physically remove them from the premise.

Once they are physically removed, you can change the locks. Removing or storing the 'stuff', is another issue.

Once again, in MN, we have to store the stuff for 28 days (from 60). Or we can move it, with a license and bonded mover, or pay the Sheriff to take inventory when we move it.

The tenant can get their stuff back that is stored in site, simply by requesting it. No monies are needed to get it back.

If it is stored off-site, you can require a payment for moving and storage costs, but not rent, to get the stuff back

But check your own laws on the actual process.

A vacant unit is much easier to manage than a unit with a tenant that is not paying rent.

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Re: Eviction tenant wants to pay partial rent owed by SD (MN) on August 8, 2010 @00:01 [ Reply ]
Thanks, I believe you are correct but I hadn't heard about the 28 day storage changed from 60, yay!
    Re: Eviction tenant wants to pay partial rent owed by ERIC on August 9, 2010 @23:33 [ Reply ]
    Read the new Tenants Bill Of Rights, just passed this year.

    Source
    http://www.minnesotainvestmentrealestate.com/tenants/summary-of-new-tenants-bill-of-rights/

    Property left behind by a tenant had to be stored by the landlord for 60 days. This has been changed to 28 days, but now a landlord can be held liable for disposing of the property early in the amount of triple the damages or $1000, which ever is greater.

    Not returning the proper amount of security deposit at the end of the lease has a penalty that is not at $500, up from $200 previously.

    Division of Utility Costs is not very common from what I have seen, but now if the tenant can prove that the landlord has improperly divided the utility costs, the landlord is liable to the tenant for triple the damages or $500, whichever is greater.

    If tenants can be forced to pay Attorney’s Fees if they lose a court case and your lease contains that language; now, if the tenant wins, they can force the landlord to pay the attorney’s fees also.

    Tenant Screening Fees and Criteria have changed. While I thought most of this was already law, it appears they have clarified it further:
    The landlord must use a clear and consistent screening process for all applicants.

    Landlords much provide the criteria in written form upon which they will screen applications, prior to accepting and screening fee. It is thought that if they read the criteria and see something that will disqualify them, they may not then chose to pay the fee and apply. [In my experience, they will apply anyway!]

    You must process applicants in sequential order as you cash their check or take their money. You may NOT take all the applicants money, process all of them and then compare the applicants choosing the best one (and keeping all the money).

    If the tenant is reject for any reason other than what was specified on the written screening criteria form, the landlord must return the application fee.

    Tenants that knowingly provides materially false information on the application or omits information can be held liable to the landlord for damages plus a civil penalty of up to $500, court filing fees, and attorney fees. Not sure how you prove this or get the civil penalty charged against them.

    Tenants must be given a receipt if they pay with cash.

    Late fees will now be capped at 8% of the rental amount. This provision begins on January 1, 2011. You can not charge daily late fees either.


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