You now have what you think might be an abandoned rental property?

Posted: Jan 27, 2019
By: NatEvict
Comments: Comments Off on You now have what you think might be an abandoned rental property?

You now have what you think might be an abandoned rental property. It’s The Tenants Junk Not yours!

However, proceeding as if the tenant is long gone can be a costly mistake for you. When it comes to abandoned rentals, you must avoid the 3 biggest mistakes landlords can make to keep things legal when recovering your rental property.

Mistake #1: Assuming It’s Abandoned When It’s Not

Sometimes it is obvious when a tenant abandons a property, such as when they move out in the night and leave you a note and a property full of garbage. Other times, it may be difficult to tell whether the tenant has abandoned the rental unit. In their hurry to turn over a rental unit and get rid of a bad tenant, some landlords may make the mistake of assuming the property is abandoned when in fact it is not.

If you are unsure about whether the tenant has truly abandoned the property, find the answers to these questions:

Is the tenant behind in paying the rent? Many states won’t consider a rental abandoned if the rent is current.
Are the utilities shut off? A quick call to the utility company will provide you with this information, however, this also may be a coincidence for nonpayment and not necessarily abandonment.
Is there anything left in the rental unit, like furniture or clothes? If there are valuable items left behind, it’s less likely to be abandoned than if you find garbage or rotting food.
Did the neighbors notice anything significant? If others witnessed a moving truck at the property the other day, or the tenant told them they were leaving, it helps to solidify other evidence of abandonment.
Has a change of address been submitted to the post office? A quick visit to the local post office will help you figure it out.
What do the tenant’s emergency contacts say? You must get in touch with the tenant’s emergency contacts to see if they offer any insights into the tenant’s absence.

No single factor is conclusive—instead, you must consider several things before you can conclude that the property is abandoned. It’s a fine line between a tenant abandoning a property and simply being gone for a while. Unusual circumstances, such as an extended vacation or business trip, a hospital stay or even jail time can make it seem as if the tenant has abandoned the property when legally they are still in possession as long as they have not broken the lease terms.

Mistake #2. Disposing of Personal Property

When tenants leave in a hurry, whether it’s due to eviction proceedings or another reason, they often leave personal property behind. Even if you’ve established that the rental unit is indeed abandoned, you are still required to put in some time and effort into dealing with the tenant’s possessions. New landlords may mistakenly claim the abandoned property as their own and keep it or try to sell it to recoup some lost income. However, this is illegal unless done in the proper way.

While different states have varying requirements, in general, a landlord must store the tenant’s personal property for a time and use reasonable care to keep it safe from harm or theft. While this seems strange—to care for the abandoned junk of a former tenant—the laws are quite clear that at least for a designated time, the landlord is responsible for those possessions.

Here are some examples from states across the country on dealing with a tenant’s personal property that has been left behind:

California requires landlords to move the property and store it safely, then deliver a notice to the former tenant, if possible, as well as any contacts he might have that gives a deadline of 18 days for the tenant to claim the property. The tenant is required to pay the landlord the reasonable cost of storage before reclaiming the property. If unclaimed and the property is worth less than $300, the landlord can keep it or dispose of it. If it is worth more than $300, the property must be sold at a public bidding.
Kansas landlords must store possessions for 30 days and at least 15 days before sale or disposal, attempt to notify the tenant. Unlike most other states that require the notice to be mailed or delivered personally, Kansas law requires landlords to publish the notice in the local newspaper. After 7 days from publication, the landlord must mail a copy of the published notice to the tenant’s last known address. All proceeds from a sale go to the landlord.
North Carolina law requires landlords to store abandoned property in a county warehouse for 10 days, after which the landlord may sell, keep, donate or dispose of the property. If the landlord chooses to sell the abandoned property, he must send a written notice at least 7 days in advance to the tenant’s last known address. Proceeds first go to the landlord to offset any remaining costs from the tenant and the balance goes to the county.

Mistake #3. Failing to Document the Process

Even if they’ve covered all your bases in judging that the rental is abandoned and they’ve properly disposed of any of the former tenant’s possessions, many landlords make the mistake of failing to document the process of recovering an abandoned rental property. If you make the wrong call and face a wrongful lockout claim from the tenant, you’ll need to have evidence on your side in court to show why you made the call you did.

Here are some things you must do in order to properly document your discovery process in recovering an abandoned rental property:

Take pictures of the property, including instances where it seems like the tenant has abandoned it, such as rotting food in the fridge, lack of furniture, abandoned pets, unkempt lawn, and so forth.
Write down the names, times and dates of interviews with neighbors or the tenant’s emergency contacts, along with a summary of the conversation.
Collect any documents you get from the utility companies about shutoffs.
Keep copies of any official notices you send to the tenant at the last known address or to the tenant’s workplace to show your attempts at communication.
Document the costs for moving and storing any possessions left behind using receipts or invoices.

Abandoned Apartment Key

If your apartment is abandoned but there is no key to be found you will want to have the locks changed as soon as possible. Kwikset makes locks that are easy to rekey with Smart Key technology. Just be sure that you take back full control of the apartment before rekeying the locks.

In general, when a tenant abandons a rental property, they don’t intend to return but there have been too many instances where an eager or uninformed landlord has moved too quickly and outside the law, and made these critical mistakes. When in doubt, consult with an attorney who specializes in landlord/tenant issues and make sure you are proceeding in such a way as to minimize the time the unit is empty without compromising on following the laws of your state.

Some Landlords wish to Self Represent

Posted: Jan 20, 2019
By: NatEvict
Comments: Comments Off on Some Landlords wish to Self Represent

Landlords self representation, is it the right thing to do?

Learn the eviction process in your State!

If, like many landlords, you own or manage only a few rental properties, you are unlikely to have a lawyer on staff or even “on retainer” (where you pay a lawyer in advance to handle routine questions and issues). Fortunately, you shouldn’t need to constantly consult a lawyer or even keep one in the wings, “just in case.” You do have to be able to recognize those situations when expert help is needed — even if it’s just for some advice and coaching.

In most states, an eviction lawsuit takes much less time than regular civil cases. But in exchange for expedited treatment, landlords must follow highly detailed rules, from notifying the tenant of the lawsuit to filing the right papers and forms. In addition, because it’s the tenant’s home that’s at stake, many judges will set the bar very high when it comes to ruling in the landlord’s favor. Winning an eviction lawsuit, even one that you’d think is a slam-dunk, isn’t so easy. Still, many landlords try to evict a tenant themselves, often with success. But you may be better off hiring a lawyer

Evictions are one of the least fun parts of being a landlord. They can be very costly, time consuming and stressful. Most probably think that you have to hire an attorney to represent you to conduct a successful eviction. But do you? I have represented myself and used an attorney, either way you usually have to go to court. So, I think the answer depends on several factors. Those factors are:

The complexity of the eviction process in your jurisdiction.
Your level of knowledge and experience.
Your personality.
Peculiarities in your state and local laws.

Some states have very complex eviction procedures. In fact, I hear it can take many months to get a tenant evicted in places like Chicago and some of the northeastern states. Here in Memphis, TN the entire eviction process can be accomplished in a little over a month with the filing of a couple of forms. So while I will conduct the eviction process here, I might hesitate doing so if I faced messing up a six month long process and having to start over at square one. I would want someone more qualified to handle such a complex process.

Complications can also arise during the eviction process. For example, if a tenant files for bankruptcy while you are evicting them (and bankruptcy lawyers will be sending them solicitations advising them they can “stop” the eviction process) a stay is placed on the eviction process by the bankruptcy court. That means your eviction is stopped until the stay is lifted. You definitely need an attorney at this point as federal courts are much more complicated.

Your knowledge and experience with the eviction process will also be a factor. You need to know what the eviction process is for your jurisdiction. You absolutely cannot walk into court with out knowing what you are doing. It is just too easy to mess up. Sometimes the judge will help you out, but most times more deference is given to the tenant. In other words, the judge expects you to have your i’s dotted and t’s crossed. Once you have been through a few evictions, you may have enough experience to be able to go it alone.

Your personality is also something to consider. Many do not like getting up and speaking in front of other people. Some do not like confrontation. You also have to remember to keep your cool at all costs. The last thing you want is to be held in contempt because you angered a judge. I have seen more than one landlord shoot themselves in the foot by opening their big mouth in court.

There may also be peculiarities in your state in local laws that prevent you from representing yourself. For example, here in Tennessee if a property is owned by a corporation or LLC (which many of mine are) I am not allowed to represent myself and have to hire an attorney to file the eviction per state law. My case would be thrown out by the judge if I tried to represent my self.

To sum up, I think you should hire an attorney to represent you if:

You have no or little experience in court.
Your knowledge on your state and local eviction statutes is limited.
Your particular jurisdiction has a long and complicated eviction process.
Your tenant files bankruptcy.
You personality is not suited towards acting as your own attorney.
If state law prevents you from doing so.

On the other hand if you have been through the process before, know your local laws and are confident you can present a clear and decisive case, perhaps go for it.

If you want to get some experience and if you have some time to kill, you can always go to the courthouse and watch the other landlords and attorneys present their cases to see how the process works. It is kind of interesting to watch, much better than any reality show.

Landlords its a good rule to be on top of any Late Rent:

I have always set in my lease – The rent is due on the 5th and if a tenant does not pay, they have a 3-day notice on the 6th. You cannot allow any exceptions or people will really take advantage of you.

Dont take their word!

Honestly, everything that I am about to say is true. I mean, sure, you see on the news channel, the internet and sometimes you hear from others these horrifying stories, but to experience one yourself is something else entirely. It was truly mind blowing to witness firsthand how much lie-weaving people were willing to do in order to trap some unwitting landlord to rent them the property. Want to hear the story? Well, here we go.

One day, the mother of a family called to give a walkthrough of property. I always make sure to do pre-vetting over phone to make sure they fit the qualifications, i.e. the applicant has to produce 3x net monthly income in addition to good rental history, verification of time on their job, and also good landlord references. In my case, I thought I hit the jackpot—after all, it was a beautiful family with a stay at home mother, hard working father, grandmother, and newborn daughter. Why, you couldn’t possibly ask for better tenants!

The family took a walkthrough of the house and absolutely loved it (as they should because that home was truly lovely). As a result, they decided that they wanted to move forward and discuss terms and legalities. But here is where things start to get really interesting.

On their application, they had their current residence, in addition to the contact information for their present landlord. So, as per routine, I ran the application through, and after some brief investigation, I discovered that they were being evicted from their current residence. However, when I contacted the family, they waved away my concerns and said that it was simply a glitch, assuring me that the landlord could verify (red flag alert!). I decided to give them the benefit of the doubt, so I called the landlord (who I later found out was a family member posing as a landlord).

The landlord a.k.a. family member mentioned that they were good tenants, and if given the chance, they would absolutely love to rent to them again. Obviously, I couldn’t take a mere word for something as serious as an eviction, so what I did from there was pull the public tax records out—which in turn showed the name of the actual landlord along with his true address.

It doesn’t take much guesswork to know what I did next. I whizzed over there, and the (genuine) landlord mentioned that the family that he had as tenants were in fact being evicted and looking to get my place ASAP in fear that they would be without a home. The moment I heard this, I went ahead and I declined them.

Honestly, the whole situation was mentally straining, and I just wanted to point out that these things happen in real life and not just in stories you hear from other people, so the moral of this story is that tenants do lie, so you should always do thorough due diligence.

So for Landlords Screen Tenants, Ask for Background checks, Search on county clerks records for their names, Go to or call the past landlords and speak with them. Dot Trust!

NationalEvictions.com has been a main information for Landlords and Tenants.

Tags: Eviction Information, Landlord Information, Leases & Contracts, Tenant Screening

RIGHTS AND DUTIES OF LANDLORDS FLORIDA

Posted: Jan 20, 2019
By: NatEvict
Comments: 0

RIGHTS AND DUTIES OF LANDLORDS

If you rent a house, apartment, condominium or mobile home to another person, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing. If the rental agreement is in writing, it is a “lease.” This agreement has certain basic conditions specified by law, and you should understand them before you enter into the agreement. As a landlord, you have certain rights; you also have certain duties. Even in the absence of a written lease, the law imposes duties and gives rights to the parties.

LANDLORDS HELP WITH EVICTIONS PAGES AND PROCESS OF AN EVICTION IN FLORIDA

If you require a prospective tenant to complete a rental application, and the applicant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard and United States Reserve Forces, you must notify the applicant of application approval or denial within seven days of when the application is submitted.

Your obvious right as a landlord is to receive rent for the use of the property.

Another important right is to have your property returned to you undamaged at the end of the agreement. It should be returned in the same condition in which it was received, except for ordinary wear and tear.

In return for these rights, it is your duty to provide a home that is safe and meets housing code requirements, and to make reasonable repairs when necessary. The obligations can be limited sometimes under the lease. It is also your duty to respect the tenant’s rights. One of the most important of these is the right of peaceful possession. By renting to the tenant, you give that tenant the possession and use of your property free from interference. That means that you may not enter the home frequently, at odd hours or without notice. Rights relating to reasonable inspection are often set forth in a written rental agreement, as well as in Florida law. You have a right to protect your property through inspection, but you must give a reasonable notice of at least 12 hours. You don’t have the right to show the property to possible buyers without notice to and agreement of the tenants.

It is unlawful to increase a tenant’s rent or decrease services to a tenant in a discriminatory manner, or threaten to bring an action for possession or other civil action primarily in retaliation against the tenant. Retaliation may be presumed if it occurs after a tenant has complained about housing conditions. It is also unlawful to lock the tenant out, intercept or shut off utilities, water or electric services to the tenant, or remove doors, appliances or the tenant’s property from the home. A landlord who does this can be ordered to pay a tenant damages in the amount of three months’ rent, or actual damages, whichever is greater.

To end the tenancy, if the unit has no written rental agreement or if the lease does not state otherwise and the unit is rented on a month-to-month basis, you must give at least 15 days’ notice in writing before the end of any monthly period; a week-to-week rental period requires seven days’ notice before the end of any weekly period. Any such notice must be in writing and should be delivered personally to the tenant, but it may be posted at the door if the tenant is absent from the premises. If the written rental agreement requires that the tenant give notice of up to 60 days before leaving the unit, the landlord is required to give the tenant the same notice period that there is no intention to renew the lease.

If the rented property is foreclosed upon, the purchaser at a foreclosure sale may terminate the rental agreement for existing tenants only by delivering a written 30-day notice of termination to the tenants. The tenants are obligated to pay rent during the 30-day period for any amount then accruing. The purchaser does not assume the duties of the landlord unless the purchaser assumes the existing rental agreement or enters into a separate rental agreement with the existing tenants. This 30-day notice requirement does not apply to all tenants. You should consult with an attorney to determine if the 30-day notice requirement is applicable.

Finally, both the landlord and the tenant have the duty to observe state and local laws concerning the use and condition of the property.

The basic rights and duties mentioned here apply whether or not the agreement between the landlord and the tenant is in writing. A written agreement is best, because it serves as a memorandum of other terms and conditions such as restrictions on the number of adults or children or types of pets to be allowed. And if you wish to provide for lease terms of one year or more, the agreement must be in writing to be enforceable.

If the tenant permanently moves out before the end of the rental term and leaves the property vacant, this usually is considered to be an abandonment of the tenant’s rights. The law presumes an abandonment if the tenant is absent for at least 15 days without previously notifying the landlord of an intent to be absent. After abandonment, you may re-enter the dwelling unit. The rights and remedies often are complex, and you should consider legal advice or assistance.

The situation is more complicated if the tenant seems to have gone away but has left personal property on the premises or if there is a considerable amount of unpaid rent. In such a case, you should consult an attorney before trying to dispose of the tenant’s possessions or re-renting the property.

Another complication occurs when a tenant fails to pay the rent or refuses to move out at the end of the rental term. Under these circumstances, you may evict the tenant, but only after you have taken the proper legal steps to commence an action for possession according to a very specific timetable. You must serve proper notice or notices on the tenant to terminate this rental agreement. If the tenant ignores these notices, you are next required to file a complaint in court and have the tenant properly served with a summons and complaint. Five business days after the complaint is served, you may request the court to set a date for a hearing. However, if the tenant fails to answer the complaint within the five business days or fails to pay the rent that is due then, you can proceed to eviction without having a hearing first, though you must get a court order before evicting the tenant.

If the tenant disputes the amount of rent that is due, the rent does not have to be deposited at the court and a hearing must be held. If you wish to collect money damages from the tenant, you must wait 20 days to set a hearing on damages. At the hearing, you can ask that the tenant be evicted. If the judge agrees that the tenant has violated the terms of the agreement, a sheriff will serve an eviction notice on the tenant. The tenant then has 24 hours to get out of your property, or the sheriff can return to remove the tenant and supervise the removal of the tenant’s belongings. Because these proceedings are so technical, it is wise to have them handled by an attorney. Even if you decide to file the claim yourself in county court, you should have an attorney review the notices you have given and the ways you have served them to make sure you have properly observed all of the necessary requirements of the timetable. A single mistake can result in serious delay in your regaining possession of the property.

Because the landlord/tenant relationship is a legal contract, you should understand its various provisions before you rent your property to anyone. Remember that, as a landlord, you will be required to provide living quarters that are safe and keep them in good repair. Your obligations for repairs can sometimes be limited under the lease. You will have to turn over possession of the property to the tenant, free from unnecessary interference from you. In return, you may collect rent and, on reasonable notice or in cases of emergency, may inspect the property. At the end of the rental term, the property must be returned to you with no damage beyond ordinary wear and tear. The landlord has certain duties to account for or refund tenant deposits upon termination of the tenancy. Many of these basic conditions apply whether or not there is a written agreement.

Tags: Eviction Information, Florida Eviction Articles, Landlord Information

Removal of a Tenant’s Belongings Without an Eviction Notice

Posted: Jan 11, 2019
By: NatEvict
Comments: 0

Removal of a Tenant’s Belongings Without an Eviction Notice

Illegal Removal of Tenant’s Belongings

Prior to the court’s decision about the complaint’s validity, the landlord cannot exercise any self-help or retaliatory measures against the tenant. He cannot remove the tenant’s personal belongings from the property, for instance, even though he may feel justified in doing so to recover lost rent. Only after the court has decided in favor of the landlord will it issue a “writ of possession” that orders the sheriff to remove the tenant and his belongings from the premises. The tenant will have five days from the writ’s issuance to voluntarily vacate the property. If he fails to do so, the sheriff will exercise the writ and forcibly remove him and his possessions.

Tenant’s Recourse to Illegal Removal of Belongings

The landlord has broken the law when he removes the tenant’s personal belongings before the court has issued a writ of possession. The tenant can then lodge a complaint with the court and be granted a judgment against the landlord for up to $100 per day for the time that the landlord illegally kept his property. The tenant can also hold the landlord liable for any damage to his property that occurred while in the landlord’s possession.

Legal Removal of Tenant’s Belongings

When a tenant has voluntarily vacated the property and has abandoned his personal belongings, the landlord may legally dispose of them after notifying the tenant of his intentions. His notice must advise the tenant when and where his belongings can be retrieved and any storage fee he must pay to release them. It must also note the landlord’s intentions for the property if the tenant fails to retrieve it. After the deadline for retrieval has passed, the landlord may legally dispose of it if it is valued at less than $300. Property that is worth more than $300 must be sold at public auction and the proceeds must be surrendered to the county, which it may return to the landlord once a timely claim is filed.

ABANDONED PROPERTY BY STATE

TABLE 1: DISPOSAL OF ABANDONED PROPERTY BY STATE

Alaska

§ 34.03.260

A landlord must notify his tenant that unless he removes the property within at least 15 days, the landlord will sell it or, if valueless, otherwise dispose of it. If the tenant appears to remove property, he must pay storage costs. If the tenant does not remove it, the landlord may sell, destroy, or otherwise dispose of it.

Arkansas

§ 18-16-108

All property left in and about the premises after termination of a lease are presumed abandoned and may be disposed of as the landlord sees fit. The property is subject to a lien in the landlord’s favor for payment of agreed upon sums.

Arizona

§ 33-1370

When property is abandoned, the landlord must mail the tenant notice of his intention to take the property. The landlord must store it for at least 10 days. If the tenant does not attempt to recover it, the landlord may sell it and apply the proceeds towards any outstanding rent, costs the landlord occurred, and any other costs provided in the lease agreement. The landlord must mail excess proceeds to the tenant at his last know address.

If provided in the rental agreement, a landlord may destroy or otherwise dispose of property that is worth less than the total cost to move, store, and dispose of it at a public sale.

The landlord must keep adequate records and any excess proceeds for 12 months after a sale.

California

Civil Code § 1983 et seq.

The landlord must send a notice to the place the tenant is expected to receive it that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 15 days (18 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $300 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.

Colorado

§ 13-40-122

A sheriff may remove a tenant’s personal property when executing a writ of restitution. A landlord has no duty to store or inventory the property, or to determine its condition or ownership. If he elects to do so, he may charge the tenant for reasonable storage costs.

Table 1: Continued

Connecticut

§ 47a-42

The state marshal executing the eviction must use reasonable efforts to locate and notify the tenant and any other previous occupants affected by the eviction of the date and time of the removal and possible sale of the property. The marshal must also give the chief executive officer (CEO) of the town where the rental unit is located a 24-hour notice of the eviction, stating the date, time, and location, and general description, if known, of the type and amount of property to be removed.

If the property is unclaimed, the marshal can set it on an adjacent sidewalk, street, or highway. If not immediately removed, the CEO must remove and store the property at the tenant’s expense. The CEO can sell, at a public auction, any property remaining in storage for more than 15 days after the eviction. He must make reasonable efforts to locate and notify the tenant of the sale, including posting a notice one week in advance of the auction on a public sign post located near the place of eviction or, if there is no sign post, at some exterior place near the town clerk’s office.

Within 30 days after the auction, the CEO must turn auction proceeds, minus a reasonable charge for removal and storage, to a tenant who asks for them. Absent a request, the CEO turns the proceeds over to the town treasury.

Delaware

25 § 5715

If a tenant has not removed his property at the time the writ of possession is executed, the landlord can immediately remove and store the property for 7 days at the tenant’s expense. If the tenant does not claim the property and reimburse the landlord for removal and storage at the end of this period, the property is deemed abandoned and the landlord may dispose of it without further notice or obligation to the tenant.

Florida

§ 715.04 et seq.

The landlord must send a notice, to the place the tenant is expected to receive it, that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 10 days (15 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $500 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.

Georgia

§ 44-7-55

A writ of possession authorizes the executing officer to remove a tenant’s personal property and place it on some portion of the landlord’s property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned.

Table 1: Continued

Hawaii

§ 521-56

The landlord may sell the property, store it, or donate it to a charitable organization. Before selling or donating it, the landlord must make reasonable efforts to notify the tenant, by mail, of the identity and location of the property and of his intention to sell or donate it. At least 15 days after the notice is mailed, the landlord may (1) sell the property after advertising the sale for at least three consecutive days in a daily paper of general circulation in the area where the premises is located or (2) donate the property to a charitable organization.

After deducting any unpaid rent and the cost of storing and selling the property, the landlord must hold proceeds in trust for the tenant for 30 days, after which time the proceeds are forfeited to the landlord.

The landlord may use his discretion to dispose of property that he determines is without value.

Idaho

§ 6-311C

The sheriff or constable executing the writ of possession is authorized to place any property remaining on the premises in a safe place for storage. He can place a lien on the property to offset costs.

Indiana

§§ 32-31-4-1 to 32-31-4-5

A landlord who is awarded possession of a dwelling unit by a court may ask for an order to remove any personal property remaining on the premises and deliver it to a warehouseman. Before removing the property, the landlord must personally serve the tenant at his last known address with (1) a copy of the order and (2) the identity and location of the warehouseman.

The warehouseman holds a lien on non-exempt property equal to the expenses for any of the following incurred by the warehouseman with respect to all of the property, whether exempt or not exempt: (1) storage, (2) transportation, (3) insurance, (4) labor, (5) present or future charges related to the property, (6) expenses necessary to preserve the property, and (7) expenses reasonably incurred in the lawful sale of the property.

A tenant may claim exempt property (i.e., a week’s supply of seasonable clothing, blankets, items necessary for a minor’s care and schooling, medically necessary property, or property used in the tenant’s trade or business) at any time without paying costs.

At any time prior to a sale, a tenant may claim his other property by paying the warehouseman the above-described expenses. A warehouseman may sell any nonexempt, unclaimed property 90 days the notice described above.

Table 1: Continued

Iowa

§ 555B.2

A real property owner may remove abandoned personal property and place it in storage until a judgment of abandonment is entered or until the personal property owner pays a fair and reasonable charge for removal; storage; or other expense incurred, including reasonable attorneys’ fees. The real property owner must notify the sheriff of the county where the real property is located when the property is removed.

If the real property owner asks, the sheriff must notify the personal property owner, if known, of the removal. If the owner cannot be determined, and the real property owner so requests, the sheriff must give notice by one publication in a newspaper of general circulation in the county where the personal property was abandoned. If the personal property is not claimed within six months after notice, the sheriff must sell it at a public or private sale. After deducting sale costs, the sheriff must apply the net proceeds to the cost of removal, storage, notice, attorney fees, and any other expenses incurred for preserving the personal property. He must pay any remaining net proceeds to the county.

Kansas

§ 5-2565

The landlord may take possession of the property, store it at tenant’s expense, and sell or otherwise dispose of it after 30 days. At least 15 days prior to the sale or disposition, the landlord must publish notice of his intention at least once in a newspaper of general circulation in the county where the dwelling unit is located. Within seven days after publication, the landlord must mail a copy of the published notice to the tenant at his last known address. The notice must include the tenant’s name, a brief description of the property, and the approximate date on which the landlord intends to sell or otherwise dispose of it.

During the time the landlord has possession, the tenant may redeem the property after paying the landlord for holding and preparing the property for sale and for any other outstanding debt, including rent.

Any proceeds from the sale or other disposition of the property must be used to offset (1) reasonable costs to store the property and prepare it for sale or disposition, give notice, and sell or dispose of it; and (2) any amount the tenant owes the landlord. The landlord may retain any residual.

Table 1: Continued

Maine

14 §§ 6005 and 6013

Property that remains at a dwelling 48 hours after service of a writ of possession is deemed abandoned.

If the property is unclaimed and valued at less than $750, the landlord must place it in storage. The landlord must send written notice, including an itemized list of the property and the landlord’s intent to dispose of it, to the tenant’s last known address. If the tenant claims the property within 14 days after the notice is sent, the landlord must continue to store it for at least an additional 10 days to allow the tenant time to take possession. The landlord may condition the release of the property on the tenant’s payment of all rental arrearages, damages, and storage costs.

If the property remains unclaimed on the 14th day after notice or 10 days after the tenant claims it, the landlord may sell the property for a reasonable fair market price and apply all proceeds to rental arrearages, damages, and costs of storage and sale. All remaining balances must be forwarded to the state treasurer.

Abandoned tangible property valued at $750 or more must be reported to the state treasurer. If the treasurer refuses delivery and authorizes a landlord to sell it, he must sell it in a commercially reasonable manner.

After the sale, the landlord may apply any sale proceeds to unpaid rent, damages to the premises, and the expenses of storage, notice and sale. The landlord must report any balance and the records of the sale to the state treasurer.

Maryland

§ 8-208

A lease may not contain any provision authorizing the landlord to take possession of the leased premises or the tenant’s personal property unless the lease has been terminated and the tenant has abandoned the personal property.

Table 1: Continued

Massachusetts

§ 239-3 and -4

At least 48 hours before executing a writ of possession, the executing officer must give the tenant written notice of the specific date and time that he will physically remove his personal possessions.

Among other things, the notice must state (1) the name, address, and telephone number of the storage warehouse and (2) that the warehouser may sell at auction any property that is unclaimed after 6 months and may the proceeds necessary to compensate him for any unpaid storage fees accrued as of the date of the auction. A defendant has the option of telling the officer where to store the property at any time before it is physically removed.

The landlord must pay the removal fee, but he is entitled to reimbursement from the tenant.

The warehouser has a lien on the property equal to the cost of storage. After the property has been stored for at least six months, the warehouser may enforce the lien by selling or otherwise disposing of the property. The defendant may postpone the sale or disposal of his property for three months upon payment of one half of all storage fees plus costs reasonably incurred in preparation for their sale.

Minnesota

§ 504B.271

A landlord must store the personal property belonging to a tenant who abandons the premises. The landlord has a claim against the tenant for reasonable moving and storage costs.

The landlord may sell or otherwise dispose of the property after 60 days and may apply a reasonable amount of the proceeds to the removal, care, and storage costs and expenses of any sale. He must pay any remaining proceeds to the tenant upon written demand.

The landlord must make reasonable efforts to notify the tenant at least 14 days prior to the sale, by personal service or mail to the tenant’s last known address or usual place of abode and by posting notice of the sale in a conspicuous place on the premises for at least two weeks.

Missouri

§ 441.065

A landlord may remove or dispose of any property that remains in or at the premises after the tenant abandons it. The property is deemed abandoned if the:

(1) landlord has a reasonable belief that the tenant has vacated the premises and intends not to return and posts written notice of abandonment on the premises and mails a copy of it to the tenant’s last known address;

(2) rent is due and has been unpaid for 30 days; and

(3) tenant fails to either pay rent or respond in writing to the landlord’s notice within 10 days.

The notice must include a warning that the landlord may dispose of the property remaining on the premises unless the tenant contacts the landlord within 10 days and informs him that the property is not abandoned.

Table 1: Continued

Montana

§ 70-24-430

If a tenancy terminates and the landlord reasonably believes that the tenant has abandoned all personal property left on the premises, the landlord may inventory and store the property with a commercial storage company.

The landlord must:

(a) make a reasonable attempt to notify the tenant that he plans to move the property;
(b) notify the local law enforcement office that he has the property;

(c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and
(d) send a notice to the tenant’s last-known address stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed.

After the 15 days, the landlord may sell, destroy, or otherwise dispose of the property.

If, after receiving notice, the tenant informs the landlord that he intends to claim the property and does so within 7 days thereafter, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage.

If the property is sold, the landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and any delinquent rent or damages owing on the premises and must remit the remainder to the tenant. If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer for the county where the sale occurred.

Table 1: Continued

Nebraska

§§ 69-2303 to -2314

When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, the landlord must give written notice (1) describing the property in a manner reasonably adequate to permit the owner to identify it, and (2) informing the tenant that the property will be sold at a public sale or (3) informing the tenant that he believes the property is worth less than $250 and will be destroyed, sold, or otherwise disposed.

The landlord must release the property if the tenant claims it prior to a sale and pays the reasonable costs of storage, advertising, and preparation for sale.

The landlord must give notice of the time and place of the public sale by advertising it once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. If there is no such newspaper in the county, the landlord must post the advertisement for at least 10 days before the sale in at least six conspicuous places in the neighborhood of the proposed sale.

After deducting the reasonable costs of storage, advertising, and sale, the landlord must remit to the state treasurer any residual that is not claimed by the tenant.

Nevada

§§ 118A.450 and .460

If a landlord has notice that a tenant has abandoned leased premises, he may dispose of the tenant’s personal property. In the absence of notice, a tenant is presumed to have abandoned premises if he is absent for a period of time equal to one-half the time for periodic rental payments, unless the rent is current or the tenant has in writing notified the landlord of an intended absence.

The landlord may dispose of the abandoned property or property left on the premises after an eviction by storing it for 30 days, during which time the tenant may claim it after paying inventory, moving, and storage costs. After the 30 days, the landlord may dispose of the property and recover his costs if he has (1) made reasonable efforts to locate the tenant and (2) notified the tenant in writing of his intention to dispose of the property and 14 days have elapsed since the notice was given. The landlord must mail the notice to the tenant’s present or last known address.

New Hampshire

§ 540-A:3 (VII)

A landlord must maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 28 days. During this period, the tenant can recover his property without paying rent or storage fees. After the 28 days, the landlord may dispose of the property without notice to the tenant.

Table 1: Continued

New Jersey

§§ 2A:18-72 to -82

If a landlord believes a tenant has abandoned personal property remaining in a dwelling unit, the landlord may dispose of it. Before the disposal, the landlord must notify the tenant that the property (1) is considered abandoned and that it will be stored for 30 days (33 days if the notice is mailed) and (2) will be sold at a public or private sale or disposed of or destroyed if believed to be of little value.

The property is presumed abandoned if the tenant (1) responds to the notice within the 30 days (or 33 days, as appropriate) but does not claim the property or (2) does not respond to the notice.

If the tenant claims the property, he must pay the landlord for removal and storage.

After 30 days, the landlord may sell the property and deduct from the proceeds the reasonable costs of notice, storage, and sale, and any unpaid rent and charges not covered by a security deposit. After deducting these amounts, the landlord must give the tenant the difference. If the tenant cannot be found, the landlord must turn the remaining proceeds over to Superior Court.

North Carolina

§ 47-25.9 and § 42-36.2

After an eviction and notice specifying the date a sheriff will execute a writ of possession, a tenant has up to 10 days to contact the landlord and arrange to take possession of the property. During the 10 days, the landlord must store the property in a county warehouse. After 10 days (or five days if the property’s value is less than $100), the landlord may dispose of or sell the property. If the landlord chooses to sell the property, he must give seven days notice in writing to the tenant, which may run concurrently with the 10-day period. The landlord may use sale proceeds to offset any remaining rent, damages, storage fees, and the cost of the sale. He must give any surplus to a tenant who asks for it or to the county where the property is located if no one asks.

If the property is worth less than $500, the landlord may donate it to a nonprofit organization that agrees to store it for 30 days. The landlord must post a notice of the property’s location at the vacated premises and mail the tenant a copy of it. The organization must release the property at no charge if the tenant comes to claim it within 30 days.

North Dakota

§ 47-16-30.1

A landlord may dispose of property, without legal process, that is valued at less than $1,500 and left for more than 30 days after a writ of possession is executed. The landlord may recover his storage, moving, and sale expenses from either sale proceeds or the tenant’s security deposit.

Table 1: Continued

Oklahoma

§ 41-130

When property is left on the premises after a tenant has been lawfully removed, the landlord may dispose of the property in any manner he chooses if he determines that it has no ascertainable value. If the landlord determines that the property has value, he must send the tenant notice at his last-known address of his intention to dispose of the property after 30 days property. During that period the landlord must store the property.

If the tenant removes the property within the 30 days, he is liable to the landlord for removal and storage costs. If he does not, the landlord may dispose of it.

Oregon

§ 90.425

When property is left on the premises after a tenant has been lawfully removed, the landlord must give the tenant written notice at his last-known address that the: (a) property is considered abandoned; (b) the tenant must contact the landlord within five days after personal delivery (or eight days after mailed notice) to arrange for removal; and (c) the property is being stored, including the storage location.

If the tenant fails to contact the landlord by the specific date, or after that contact fails to remove the property within 15 days, the landlord may sell or dispose of the property.

The landlord may deduct from any sale proceeds the reasonable or actual cost of notice, storage, and sale, and unpaid rent. The landlord must turn any residual over to the tenant.

South Dakota

§§ 43-32-25 to 43-32-26

The landlord may dispose of any property valued at $100 or less that a tenant leaves in a dwelling unit for more than 10 days after he has vacated.

The landlord must store property valued at over $100 for at least 30 days and place a lien on it cover storage and handling. After 30 days he may consider the property abandoned and dispose of it.

Tennessee

§ 66-28-405

Property remaining on premises is considered abandoned after (1) a tenant has been absent for at least 30 days without explanation or (2) at least 15 days have passed since the tenant was supposed to pay rent and it appears to the landlord that he has vacated the premises.

Under the latter circumstance only, the landlord must notify the tenant of his intention to take possession of the property within 10 days unless he is contacted. If the tenant does not contact him, the landlord can remove tenant’s belongings from the premises and store them for not less than 30 days. If during this time the tenant does not recover his possessions, the landlord can sell or otherwise dispose of the property. He can apply sale proceeds to any unpaid rent, damages, and storage fees.

Table 1: Continued

Texas

§ 24.0061

A writ of possession must order the executing officer to post a written warning that the property subject to it, if not removed, will be placed at a nearby location that does not block a public sidewalk, passageway, or street.

The executing officer or a bonded warehouseman may remove and store the property at no cost to himself or the landlord. The landlord is not required to store the property.

Utah

§ 78-36-12.6

The landlord may move the property from the premises, store it and recover the costs of moving and storage from the tenant. The landlord must make reasonable efforts to notify the tenant about the location of the property. If in 30 days the tenant does not recover the property, the landlord may sell it and cover his expenses or donate the property.

Vermont

9 § 4462

If a tenant abandons his dwelling unit, the landlord must send him a written notice of his intent to dispose of any unclaimed property after 60 days. During this time the landlord must store the property in a safe place. After 60 days, the landlord owns the property and may dispose of it as he sees fit.

If the tenant appears to claim the property, he must pay storage and other fees.

Washington

§§ 59.18.310,

59.18.312

A landlord may store property remaining when a sheriff executes a writ of restitution unless the tenant objects to storage. If the tenant objects, the landlord may place the property on the nearest public property.

If the landlord stores property valued at $50 or less, he must give the tenant notice that he intends to sell or dispose of it after seven days unless it is reclaimed. If the property is valued at over $50, the landlord must give the tenant notice that he intends to sell or dispose of it after 45 days unless it is reclaimed. The landlord must apply and sale proceeds to any outstanding debts the tenant owes the landlord, including rent and storage of the property. The tenant can claim any excess income from the sale for up to one year. After one year, the balance becomes the landlord’s property.

West Virginia

§ 37-6-6

If a tenant abandons his property while he owes a landlord rent, the landlord must post a notice on the property requiring the tenant to pay the rent within 30 days. If the rent is not paid, the landlord may take, dispose of, or otherwise remove the property after notice.

The notice must state that the property is considered abandoned and the landlord’s intentions if it is not claimed within 30 days. After the 30 days, the landlord is the property owner and can dispose of it. If, however, the property is valued at $300 or more, the tenant may ask the landlord to store it for up to an additional 30 days so that he has time to claim it.

Table 1: Continued

Wisconsin

§ 704.05(5)

If a tenant leaves property behind, the landlord can:

● store it and place a lien on it for the cost of storage. The landlord must notify the tenant within 10 days after storage charges are imposed. Medicine and medical equipment must be promptly restored to the tenant and are not subject to the lien.

● notify the tenant that the he intends to sell or otherwise dispose of the property unless it is claimed within 30 days. The landlord can deduct sale and storage costs from the sale proceeds. The tenant may claim any residual within 60 days after the sale; otherwise the landlord must send it to the Department of Administration.

● store the property without a lien and return it to the tenant.

Wyoming

§ 1-21-1210

Once a lease is terminated, a landlord may immediately dispose of any remaining on the premises. Such property is presumed to be valueless and abandoned.

The landlord must give the tenant notice that describes the property and states his intention to dispose of it after seven days. If the tenant informs the landlord to reclaim the property within the seven days, the landlord must hold it for an additional seven days. If the tenant does not claim it or does not respond to the notice, the property is conclusively deemed abandoned and the landlord may retain or dispose of it.

The tenant is responsible to the landlord for reasonable removal and storage costs.

Tags: Eviction Information, Tenant Information

Learning Guide to the Eviction Process in Minnesota

Posted: Dec 28, 2018
By: NatEvict
Comments: Comments Off on Learning Guide to the Eviction Process in Minnesota

Guide to the Eviction Process in Minnesota

An eviction action (known as Unlawful Detainer) is a court action in which a landlord asks to recover possession of the apartment or rental home from a tenant. A landlord must follow the proper legal process, and may not forcibly remove the tenant, exclude the tenant from entering the building or rental unit, change the locks, or shut off the utilities. The following information was generously provided by NationalEvictions.com

You will find on our website more information for Landlords for Filing and Tenants for Defending an Eviction.

Most common reasons for filing an eviction:

A. Nonpayment of Rent
What happens when the tenant renting your Minneapolis apartment stops paying the rent? You may file an eviction action against the tenant for failing to pay the rent when it was due. However, the tenant may stop the eviction (called “redeeming the tenancy”) by paying past due rent, costs of the eviction action (including the court filing fee), and other requirements under the lease.

B. Lease Violations
What happens when the tenant renting your St. Paul duplex violates one of the terms of your lease? The lease must contain a “right of re-entry” or eviction clause for the landlord to evict a tenant for a material breach of the lease (except for nonpayment of rent and statutory violations). This clause gives the landlord a right to evict the tenant for violating lease provisions like disturbing other residents, causing damage to the property, unauthorized persons living on the property, or unauthorized pets.

A landlord may evict a tenant who engages in the following illegal activities prohibited by MN statute:

Unlawful controlled substances in the premises or common area
Unlawful use or possession of a firearm
Stolen property in the premises or common area
Prostitution
Criminal gang activity

C. Tenant Remains in the Apartment or Rental Home After Getting a Notice to Vacate (holding over)
A holdover tenant is one whose lease has expired, or where proper notice to vacate was given, but the tenant remains in the rental unit without the landlord’s consent.

Eviction Action Procedure

It is important to serve the tenants properly when moving forward with an eviction action on tenants living in Minneapolis, St Paul, or Minnesota rental properties. Without proper service, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the summons.

1. File the Complaint, Including:

The full name and date of birth of the tenant(s), unless not known.
Naming each adult resident whether or not named in the lease (use “John Doe” or “Jane Doe” if necessary).
Full address of the rental property for which you are trying to regain possession.
Facts which explain the reason for the eviction.
Request to recover the property (re-gain possession).

The complaint may be signed by the property owner, attorney for the property owner (an attorney may be required if the property owner is a corporation), the person entitled to possession of the property, or an agent designated by the property owner (the agent must file a “Power of Authority in Eviction Action” with the court at the time of filing the complaint.

2. Get a Summons from the Court
The court will issue you a summons, which is a written notice that informs the defendant (the tenant in this situation) that a legal action has been filed and will be heard on a specific day. You must serve the summons at least 7 days before the court date as required by MN statute, and proof of service must be filed with the court in accordance with local court rules. – Finding Process Servers for Service of the Summons and Complaint Court Paperwork from our Directory of Process Servers on NationalEvictions.com

The Landlord Must Show Compliance with Minnesota Statute 504B.181

Disclose in writing to the tenant and post in a conspicuous (easily noticeable) place on the premises the name and address of the person authorized to manage the premises (that is probably you, the landlord) and the landlord or agent authorized to accept service of process and receive and give receipt for notices and demands. OR
Tenant must have been aware of this information at least 30 days prior to filing the action.
The landlord must bring a copy of the complaint for each tenant and pay the court filing fee.

3. Serve the Summons and Complaint to the Tenant
Properly serving the tenant is critical. If the landlord doesn’t serve the renter properly, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the Summons. The following is the proper way in which to serve the summons and complaint:

Personal Service

Must be served by a person NOT NAMED a party in the action.
Must NOT be served on a Sunday or legal holiday.
If personal service is unsuccessful, you may try:

Substitute Service
If the tenant cannot be found in the county, service can be made on a person of suitable age and discretion who lives with the tenant. If personal or substitute service was successful, the process server (the one who served the summons and complaint) files a notarized Affidavit of Service with the court. If personal or substitute service was unsuccessful (service on the tenant was attempted twice, on different days, with at least one of the attempts made between the hours of 6:00 pm – 10:00 pm, you can try ‘Mail and Post.’

Mail and Post
With Mail and Post, the summons and complaint are mailed to the tenant’s last known address and posted at the premises (e.g. posted on the door). This procedure requires the preparation of affidavits, court filings of the affidavits, mailing, and posting in proper order. Failure to do the steps and filings in the correct order can result in a case getting dismissed.

The Summons and Complaint are mailed to the renter’s last known address.
The process server signs a notarized Affidavit of Not Found.
The landlord or landlord’s attorney or agent completes notarized copies of the Affidavit of Plaintiff and Affidavit of Service by Mail.
The Affidavit of Not Found, Affidavit of Plaintiff, and Affidavit of Service by Mail are filed with the court.
The Summons and Complaint are posted on the premises at least 7 days before the court date.
The Affidavit of Service by Posting is completed and filed with the court.

4. Eviction Trial
At trial, the burden is on the landlord to show that he or she is entitled to regain possession of the premises. Proof is often shown through the use of witnesses with firsthand information, photographs, landlord testimony, and documents like the lease, payment records, and correspondence with the tenant.

Common Defenses Used By Tenants

Procedural Defenses – Landlord executed service improperly and/or completed the forms improperly.
Habitability Defenses – Landlord failed to make repairs or comply with the covenants of habitability.
Retaliation Defenses – Landlord took action in retaliation of tenant’s exercise of legal rights.
Waiver of Eviction by Rent Acceptance – Landlord accepted rent payment after eviction action was filed without a written agreement.
Trade Name Not Registered – Business operating under an assumed trade name not registered with the Secretary of State.
No “Right of Reentry Clause – Eviction action filed for a lease violation, but there was no “Right of Reentry” clause in the lease.

5. Notice of Eviction
If the landlord prevails at trial, a Writ of Recovery of Premises and Order to Vacate may be requested by the landlord for a fee. The sheriff must service the notice upon the tenant who then has 24 hours to vacate the premises. The court may suspend the issuance of the writ for up to 7 days upon showing by the tenant that immediate vacation of the premises would impose a substantial hardship.

If the tenant fails to comply with the demand to vacate the premises, the landlord must schedule a move-out date with the sheriff and notify the tenant of the time scheduled with the sheriff. The landlord may store the tenant’s personal property on the premises or use a licensed and bonded moving company to remove and store at another location.

Many times Taking a Tenant can be complicated for any property Owner. If you wish to hire an Attorney to take care of an Eviction – Find Law Firms on our Directory on NationalEvictions.com

Tags: Eviction Information, Landlord Information, Minnesota Eviction Articles, Tenant Information