Hi all, a while ago I posted a few things here about evictions and the process and I think we are ready for court. Listening to a few of you I actually am evicting the tenants on three different reasons:
- Not paying rent (2 months behind)
- Alterations to the home (added a room in the basement)
- Not paying utilities (owe for trash, gas and electric)
Basically I have a lot of the stuff - I think - I need for court like eviction notary papers, court summons, lease papers, copies of notices of rent late, alterations violation, etc. I also got phone records and bank statements showing proof of no rent paid. What else do I need! AM I missing anything? I don’t want to get to court looking like a fool not having something that I should have.
Thanks all in advance!
Another thing I forgot to ask. Because of rent due, utilities not paid and of course the hours of cleaning I will have to do - can I proceed to file in Small Claims Court? If so, I have the following questions?
- If I do not have her SS# how to I locate her - to file the claim? I do know where she works.
- Once I get a court decision, how does one go about posting this info so other landlords don’t run into what I did. Other words, how do blemish their background or credit history.
Has anyone ever gone through this mess :banghead
gophermn,
Yes, you missed something - YOUR LAWYER. If this is your first time, you definitely should use a good real estate lawyer.
Mike
Gophermn, I have to agree with property manager. If you have not done an eviction before, it is a fantastically wonderful idea to use a good real estate lawyer, at least the first 1-2 times. it is a relatively easy process, but if you make one of a couple of thousand mistakes you get delays and all sorts of propblems. I know the first reaction is you are already losing money you can’t afford to spend more on a lawyer - but the possibility of you losing much more on a miststep is high if this is your first time. Spend the few hundred bucks and let the lawyer walk you through.
One thing i would do is seperate your information into four - easily accessible groups (accordian files are great for this:
-
Proof of nonpayment of rent
-
Information, especially photos, of the unauthorized room addition
-
Unpaid Utility bills, especially with a copy of the lease with the part highlighted (and legible) showing the tenant is responsible for paying utilities.
-
Documentation of steps you have made, unsuccessfully, to get the tenant to pay.
Of course, that all said, most of the time the tenant doesn’t even show up and you are granted the eviction by default. You never know, though.
As far as the small claims court action, you really need to wait until after the tenant is evicted and you do what you have to do to clean up and repair the place. Once you have expenses for those actions then you can do your case for small claims court.
As far as the information on the tenant - you should always get it from the tenant when they apply for rent. I know this is not your case here - but now you know why. There are other ways you can get the information, though. Get the license plate of any cars they have. Since you have their names and at least their current address you can probably get a public records search done to get their drivers licences, and maybe DOB and maybe even their SSN.
When I had tenants I would always photocopy the front and back of any checks I got, because I could then track down their bank accounts to collect on later.
Good luck
Thanks all for the awesome advice. Well oddly enough I called 3 attorneys in MN and all 3 said I do not need a lawyer. Its a simple YES-NO thing the judge asks and lasts 5 min. Well, I will say this. I didnt need a lawyer but the two landlords before my case did.
Nonetheless I will NOT DISAGREE with your advice of getting a lawyer. It might be $150/hr but well worth paying that then going to trial. I got lucky because the tenants and I discussed a settlement out of court that basically ended up being what I wanted in the first place. So it was a win-win for me.
I asked the judge for a Writ of Restution which he granted so now I am guarantee to have them out. :deal
Now off to Conciliation Court.
Thanks again all!!
I got lucky because the tenants and I discussed a settlement out of court that basically ended up being what I wanted in the first place. So it was a win-win for me.
Once I file the eviction, I NEVER let the deadbeats off the hook. I want an eviction on their record so that the next landlord will know that this person is a loser and not rent to them. To have filing fees; lost rent; and then come to an agreement with the tenant sounds like a win for them and a loss for you.
Mike
You could be correct but the fact that the Deputy Sheriff will be there knocking on the door for me to gain back the property is indeed a win for me.
What gets me is these tenants already found a place to live. It’s one of those love/hate relationships whereas I am glad they are out but I don’t want the next landlord to go through the same crap I did.
Landlording is sort of like interviewing a client for a job. If your tenant is whining and bitching about their previous landlord - ummmm hello - RED FLAG!