My tenants' neighbors have made complaints. do i need to notify them by certified mail if it leads to eviction
i live in california, my tenants are in minnesota. they live in a townhouse, and i'm getting complaints that they bang loudly on their ceiling, vomit in the common area, park in a no-parking spot blocking another resident's garage, dry clothes and towels on the railing outside the unit and don't keep their blinds and draperies in neat order, making the place look trashy.
in addition, they owe me money for repairs that they're responsible for.
i am threatening to take the amount owed out of the next rent check, in turn making them short on rent. is this legal, and do i have to send my letter certified in case this leads to eviction?
thanks. i am a first time landlord.
Answers:
Yes, of course, anything documenting your notice in anticipation of litigation must be certified mail with return receipt requested. Document each and every violation and when you notified them, and what response they gave. Sue them immediately for any damages they already owe, and get a lien on their property, garnish their wages, etc. You should only use the "security deposit" to cover repairs after you can no longer find them (after they've been evicted), but not as a slush fund in the interim.
from my experience, it took me 6 months with no rent paid to remove the tenants!! I later found out they did this before coming to my apt I rented them. I shut the water and the cops said it was illegal! your state may be renter friendly...call a lawyer or the court in the county where you can eveict them. it will take a while so you better start now! If you can turn off the gas-electricity do it now!
You need to evict them, to do that you need to go to landlord tenant court. You cannot withhold the rent for repairs you will need to bring up the repairs in LLTC also. Get them out before they cause more damage. Take pictures!
Unless in the Lease as repairs payable as additional rent.it is illegal///also EVERYTHING...repeat...EVERYTHI... should be in writing.if you have to go to court and it isnt in writing...it is not as you say..
You should send the letter certified mail. Eviction will be a slow process and your case will be easier the more evidence that you have.
Did you require a damage deposit? I'm not sure of the law on this, but it seems that money for repairs should come out of the damage deposit and not out of the rent. It seems unwise to remove the amount owed from the rent paid. Bill the tenants separately for the damage repairs, and inform them that if the bills are not paid then you will give then inform them of their need to leave and will begin eviction proceedings. In any case, they are going to be behind on money owed to you. Keep the separate bills separate and it will make your life easier in the future.
You need to check what the laws are in Minnesota.
Quickest way is to find an attorney, paralegal, or real estate office that also offer renting service. The attorney would be the fastest way to evict, but cost a lot. The real estate office might be more willing to help if you use their service to place future tenants and may be your cheapest route.
If you use a service, make sure that they are responsible for all costs if any tenant they place forces legal action (i.e., court costs for evicting them) or causes damage.
Internet is great for these kinds of searches.
1. It depends on the terms of the lease, and the laws where the property is located. You probably cannot evict someone by sending them a registered letter ... you may have to go to court.
I think that the money owed for reasons other than rent, needs to be paid separately than the rent, unless you have an amendment to the lease to take care of that.
Example, I am a tenant ... my landlord offered me a cable TV deal where I pay $ 10.00 more a month on rent ... I signed an amendment to the rental agreement to cover this.
I had an electircal problem. I went to the landlord to say that I wanted to get some electrical repairs done, I would pay for this, and for any paint up after they were done, to fix where they had to take things out of the wall. I brought them an estimate. I said I fully understand this is an improvement to your property that I cannot take with me when I leave. They gave permission for the electrical contractor to come in, and for me to pay the contractor directly.
There was some other work I wanted done, got permission for it, but after all the estimates, I decided that was more expense than I wanted, and did not have it done.
When I moved in, I told the landlord that I had a waterbed ... the landlord insisted that I get liability insurance on this, and to supply them with proof of that ... I arranged with my insurance company to send them a copy of my renewal confirmation each time it expires.
2. It depends on who is making the complaints.
In case they dispute the complaints, you need to have proof that will stand up in a court of law. Otherwise you are at risk of a counter suit for libel.
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