Unable to remove tenant on a month to month lease in MN
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Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
3yDisclaimer: I am not an attorney, and I think you should consult one.
"A residential tenant may not be evicted, nor may the residential tenant's obligations under a lease be increased or the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the residential tenant's or housing-related neighborhood organization's complaint of a violation."
If I'm interpreting this correctly, you have to prove that the tenant is in violation of the lease in some way. If you can do that, and the eviction isn't simply retaliatory for the complaint, you should be ok.
"The burden of proving otherwise is on the landlord if the eviction or increase of obligations or decrease of services occurs within 90 days after filing the complaint, unless the court finds that the complaint was not made in good faith. After 90 days the burden of proof is on the residential tenant."
So I don't see a 6 month limitation here. It just says that if you file the eviction within 90 days of the complaint, you have to be the one to prove the tenant violated the lease.
Also, not renewing a lease isn't the same as an eviction. I don't see anything in the language barring you from deciding not to renew a M-T-M lease.
52 Replies
- Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes3y
Disclaimer: I am not an attorney, and I think you should consult one.
"A residential tenant may not be evicted, nor may the residential tenant's obligations under a lease be increased or the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the residential tenant's or housing-related neighborhood organization's complaint of a violation."If I'm interpreting this correctly, you have to prove that the tenant is in violation of the lease in some way. If you can do that, and the eviction isn't simply retaliatory for the complaint, you should be ok.
"The burden of proving otherwise is on the landlord if the eviction or increase of obligations or decrease of services occurs within 90 days after filing the complaint, unless the court finds that the complaint was not made in good faith. After 90 days the burden of proof is on the residential tenant."
So I don't see a 6 month limitation here. It just says that if you file the eviction within 90 days of the complaint, you have to be the one to prove the tenant violated the lease.
Also, not renewing a lease isn't the same as an eviction. I don't see anything in the language barring you from deciding not to renew a M-T-M lease. - Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes3y
(1) Why are you trying to evict them? If it’s nothing to do with them complaining you can evict them the next day, you just have to show it’s a reason other than they complained. Obviously if you started before the complaint you win instantly. You can’t be retaliating if you acted first.
(2) after 3 months it says it changes from you have to prove you’re innocent to the tenant having to prove you’re guilty. So 3 months is worst case if you aren't retaliating. If they can’t prove it, then even if you are. Sounds perfect, you have an opening in spring instead of winter. - Member since 2020 · 48 posts · 25 votes3ySo after talking with an attorney I'm told to be completely free and clear from the retaliation clause I have to wait 6 months and 1 day. Yes you are correct it does say 90 days but actually, it is still in play until the 6-month date. They have been smoking pot in the building and also have a boyfriend living with them. Those are the violations that I have against the lease right now that don't relate to the retaliation clause.
But am I missing something here... If they are on a month-to-month lease doing a non-renewal the next month is NOT an eviction, that is just me choosing to end the lease and I can do this at any time without cause right? The way the attorney explained it is that is considered an eviction when I choose to not renew the lease but isn't that the point of a MTM lease? - Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes3yIf you don't trust your attorney's advice hire a different attorney. No one (that I know of) on Bigger Pockets knows the exact facts that you are dealing with and the local law any better than your attorney.
Quote from @Ben S.:
So after talking with an attorney I'm told to be completely free and clear from the retaliation clause I have to wait 6 months and 1 day. Yes you are correct it does say 90 days but actually, it is still in play until the 6-month date. They have been smoking pot in the building and also have a boyfriend living with them. Those are the violations that I have against the lease right now that don't relate to the retaliation clause.
But am I missing something here... If they are on a month-to-month lease doing a non-renewal the next month is NOT an eviction, that is just me choosing to end the lease and I can do this at any time without cause right? The way the attorney explained it is that is considered an eviction when I choose to not renew the lease but isn't that the point of a MTM lease? - Member since 2022 · 1k+ posts · 1k+ votes3y
If you just found out about the boyfriend, that's a valid reason to enforce your eviction. He has to qualify to live there the same as she did. If not, evict them all. If you've known about the boyfriend for a few monnths, you may not have a leg to stand on. Call an eviction attorney for the best way to proceed.
- Member since 2020 · 48 posts · 25 votes3y
Quote from @Henry T.:
If you just found out about the boyfriend, that's a valid reason to enforce your eviction. He has to qualify to live there the same as she did. If not, evict them all. If you've known about the boyfriend for a few monnths, you may not have a leg to stand on. Call an eviction attorney for the best way to proceed.
Thank you I have contacted an eviction attorney and that seems like eviction because the boyfriend is staying there is the best option for this situation because the law falls in the favor of the tenant for everything else it appears which makes it really difficult as a landlord in MN if someone files a complaint you basically have your hands tied for the next 6 months before you can ask them to leave. What a joke... - 3yMatthew Irish-JonesBusiness MemberReal Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
@Ben Spader that’s brutal. I have seen an even uglier side… a bum breaks into your property and somehow gets a piece of mail with their name on it send to the property. Now the are a tenant and have tenants rights.
Irish Jones Realty4.947 Reviews - Member since 2020 · 48 posts · 25 votes3y
Quote from @Matthew Irish-Jones:
@Ben Spader that’s brutal. I have seen an even uglier side… a bum breaks into your property and somehow gets a piece of mail with their name on it send to the property. Now the are a tenant and have tenants rights.
Wow, that is unreal thank you for sharing. It definitely can get much worse. Without this support group, I really don't know what I would do. - 3yMatthew Irish-JonesBusiness MemberReal Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
@Ben Spader we need a landlord anonymous group to share horror stories.
Irish Jones Realty4.947 Reviews - Member since 2020 · 48 posts · 25 votes3y
@Matthew Irish-Jones You know I may have to create a FB group in that regard!
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Ben S.:
I think you read the law wrong. I would talk to an attorney because the tenant appears to be playing you.
The DIY Landlord Book4.7248 Reviews - Member since 2020 · 48 posts · 25 votes3yI've actually talked with 2 attorneys now and that appears to be the case if they file a complaint in MN you could have issues not renewing a lease for the next 6 months. So if you get a savvy tenant they can easily play the system and completely screw you. Luckily this tenant is doing other things that I can prove outside of the lease so I can evict her for those items.
Quote from @Nathan Gesner:
Quote from @Ben S.:
I think you read the law wrong. I would talk to an attorney because the tenant appears to be playing you.
- Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes3y
Is eviction an option? I'd handle this tenant situation differently.
- Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes3y
Quote from @Ben S.:
So I have found a very ugly side to being a landlord in MN I believe. It appears that per the law if a tenant gives a complaint they have just bought themselves 6 months of eviction or non-renewal of lease free time.
I currently have a tenant that couldn't understand that if they put a space heater near the thermostat that will turn off the heat so after setting the thermostat to 78 and it not being able to heat because of space heaters they called the cops. I found out that now they have called the cops I'm not allowed to not renew the month-to-month lease for the next 6 months in MN. This is beyond crazy and I'm extremely frustrated at this complete failure of the MN justice system. BTW, I have resolved the heat issue and I keep her unit at 72-78 at all times to keep trying to keep her happy.
Does anyone have any suggestions on how to move forward? This specific tenant is only out to attack me and has turned another tenant in the same building against me. They are also trying to go after me for issues not related to them in the building.This is the law that causes this issue: https://www.revisor.mn.gov/sta...
Well how about we start by talking truth, and not out right false statements as this entire thing is doing.
For those not in the know, below is the law OP is distorting. It's very clear, a person can not evict AS A PENALTY FOR A COMPLAINT, that is it, that is all. This law is 100% about intent.
So reading between the lines I am assuming OP had a heating issue in unit, and simply refused to make repairs. Tenant filled complaint and then OP wanted to evict the tenant for having made a complaint, and like an idiot told the authorities this. That seems a whole lot more plausible then this goof y story above that does NOT match with the law.
- Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes3y
Quote from @Ben S.:
I've actually talked with 2 attorneys now and that appears to be the case if they file a complaint in MN you could have issues not renewing a lease for the next 6 months. So if you get a savvy tenant they can easily play the system and completely screw you. Luckily this tenant is doing other things that I can prove outside of the lease so I can evict her for those items.Quote from @Nathan Gesner:
Quote from @Ben S.:
I think you read the law wrong. I would talk to an attorney because the tenant appears to be playing you.
Stop, just stop with these lies.
You know full well that your trying to evict AS A PENALTY for there complaint, THAT and that alone is illegal.
If it was for ANY OTHER REASON it is legal and a-ok. But your intent is as a penalty for a maintenance complaint, and you just don't like the label "slumlord".
Just stop, seriously stop, I see straight through this and I am betting all others of experience do as well. Your not a victim. I just don't understand the point of this false narrative other then a pity-party.
- Rental Property Investor · Bellingham, MN · Member since 2023 · 25 posts · 6 votes3y
Month to month lease?
I’d considering raising the rent each month until they sign a 12 month contract or eventually leave
See what it says in your lease agreement and discuss with your attorney but it may fix your problem for you. Or create an event worth eviction.
rents due on the 5th. I’d tell them rent next month is 3-5% more on the 7th.
- Member since 2020 · 48 posts · 25 votes3y
Quote from @Isaac J Mork:
Month to month lease?
I’d considering raising the rent each month until they sign a 12 month contract or eventually leave
See what it says in your lease agreement and discuss with your attorney but it may fix your problem for you. Or create an event worth eviction.
rents due on the 5th. I’d tell them rent next month is 3-5% more on the 7th.
Unfortunately, that is very clearly not allowed to raise the rent after a complaint, so not only can you not ask them to leave you can't raise rent without them being able to claim it was in retaliation of the claim.
- Member since 2020 · 48 posts · 25 votes3y
Quote from @James Hamling:
Quote from @Ben S.:
I've actually talked with 2 attorneys now and that appears to be the case if they file a complaint in MN you could have issues not renewing a lease for the next 6 months. So if you get a savvy tenant they can easily play the system and completely screw you. Luckily this tenant is doing other things that I can prove outside of the lease so I can evict her for those items.Quote from @Nathan Gesner:
Quote from @Ben S.:
I think you read the law wrong. I would talk to an attorney because the tenant appears to be playing you.
Stop, just stop with these lies.
You know full well that your trying to evict AS A PENALTY for there complaint, THAT and that alone is illegal.
If it was for ANY OTHER REASON it is legal and a-ok. But your intent is as a penalty for a maintenance complaint, and you just don't like the label "slumlord".
Just stop, seriously stop, I see straight through this and I am betting all others of experience do as well. Your not a victim. I just don't understand the point of this false narrative other then a pity-party.
Wow I'm sorry for trying everything I could to please these tenants but no matter what I do it's not enough. Eviction and choosing not to renew the month-to-month lease are two very different things. I've had multiple professionals inspect this 3 year old boiler and I've also talked with the city code enforcement and enlisted there help to resolve this issue. Nothing I do will please this unreasonable tenants. Please do not accuse if you don't understand what is going on. I've also installed space heaters in the neighbor's/friend's room within 24 hours of them filling an emergency order. Now they are mad because they have to pay electricity for the heat in there rooms and are lying saying the living room is at 62 degrees which I have not 1 but 2 temperature sensors that say otherwise. I've also got the one other tenant complaining because there unit is too hot.
- Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes3y
Quote from @Ben S.:
Quote from @James Hamling:
Quote from @Ben S.:
I've actually talked with 2 attorneys now and that appears to be the case if they file a complaint in MN you could have issues not renewing a lease for the next 6 months. So if you get a savvy tenant they can easily play the system and completely screw you. Luckily this tenant is doing other things that I can prove outside of the lease so I can evict her for those items.Quote from @Nathan Gesner:
Quote from @Ben S.:
I think you read the law wrong. I would talk to an attorney because the tenant appears to be playing you.
Stop, just stop with these lies.
You know full well that your trying to evict AS A PENALTY for there complaint, THAT and that alone is illegal.
If it was for ANY OTHER REASON it is legal and a-ok. But your intent is as a penalty for a maintenance complaint, and you just don't like the label "slumlord".
Just stop, seriously stop, I see straight through this and I am betting all others of experience do as well. Your not a victim. I just don't understand the point of this false narrative other then a pity-party.
Wow I'm sorry for trying everything I could to please these tenants but no matter what I do it's not enough. Eviction and choosing not to renew the month-to-month lease are two very different things. I've had multiple professionals inspect this 3 year old boiler and I've also talked with the city code enforcement and enlisted there help to resolve this issue. Nothing I do will please this unreasonable tenants. Please do not accuse if you don't understand what is going on. I've also installed space heaters in the neighbor's/friend's room within 24 hours of them filling an emergency order. Now they are mad because they have to pay electricity for the heat in there rooms and are lying saying the living room is at 62 degrees which I have not 1 but 2 temperature sensors that say otherwise. I've also got the one other tenant complaining because there unit is too hot.
And there it is, the REAL issue is your property is a mess, things are NOT working.
In MN there is no such thing as having to wait 6 months to evict or non-renewal of lease. BUT THERE IS a ban on evicting AS A PENALTY of a tenant making a complaint, especially when it's a legitimate complaint. And what you detailed sound very legitimate a complaint by a tenant.
It's your responsibility as property owner to assure the property is PROPERLY working and maintained. By your self admittance it is NOT. Fix the property, beyond duck-tape and bubble-gum "fixes", actually legitimate FIXES.
- Member since 2020 · 48 posts · 25 votes3y
@James Hamling I'm sorry you feel that way James. I started this post asking for help to resolve the issue not to be attacked by you. If you have any suggestions on how to actually fix this I'm all ears.
- Investor · Rochester, NY · Member since 2016 · 576 posts · 358 votes3y
Sometimes the most difficult messages to hear are also the most helpful. @James Hamling 's reply is difficult to hear. But, is there anything in it that's helpful? In my opinion read what he said, find something of value and disregard the rest. I think there is a lot to disregard, but at least a kernel of truth to learn from. Analyze your repair and maintenance practices. Do you need to find a better HVAC contractor?
I wish you well.
- Member since 2020 · 48 posts · 25 votes3yThank you for the note Carini but it's very hard to fix something that isn't really broken... 3 licensed boiler professionals all agree it is working as it should be. Every time I enter the unit it feels warm, I have been logging the temperatures in all 4 units since this occurred back in December and the temperature in the living room of each unit has been above the required limit of 68, and most of the time above 71. In MN when it gets super cold outside you may have a few rooms that get cooler because of windows, this happens in my 8-year-old house also. I have supplied the tenants with plastic to put over the windows to reduce this effect. I have plans to install new windows so plastic isn't needed in the future. For the tenants that can't handle the few degrees of temperature drop in their rooms, I have supplied extra electric baseboard heaters. But yet here I am with tenants the insist on attacking me in every possible way they can.
Quote from @Carini Rochester:
Sometimes the most difficult messages to hear are also the most helpful. @James Hamling 's reply is difficult to hear. But, is there anything in it that's helpful? In my opinion read what he said, find something of value and disregard the rest. I think there is a lot to disregard, but at least a kernel of truth to learn from. Analyze your repair and maintenance practices. Do you need to find a better HVAC contractor?
I wish you well.
- Glendale, AZ · Member since 2017 · 1k+ posts · 238 votes3y
Quote from @Matthew Irish-Jones:
@Ben Spader that’s brutal. I have seen an even uglier side… a bum breaks into your property and somehow gets a piece of mail with their name on it send to the property. Now the are a tenant and have tenants rights.
Wow! Scary!!!
- Glendale, AZ · Member since 2017 · 1k+ posts · 238 votes3y
Quote from @Ben S.:
Thank you for the note Carini but it's very hard to fix something that isn't really broken... 3 licensed boiler professionals all agree it is working as it should be. Every time I enter the unit it feels warm, I have been logging the temperatures in all 4 units since this occurred back in December and the temperature in the living room of each unit has been above the required limit of 68, and most of the time above 71. In MN when it gets super cold outside you may have a few rooms that get cooler because of windows, this happens in my 8-year-old house also. I have supplied the tenants with plastic to put over the windows to reduce this effect. I have plans to install new windows so plastic isn't needed in the future. For the tenants that can't handle the few degrees of temperature drop in their rooms, I have supplied extra electric baseboard heaters. But yet here I am with tenants the insist on attacking me in every possible way they can.Quote from @Carini Rochester:
Sometimes the most difficult messages to hear are also the most helpful. @James Hamling 's reply is difficult to hear. But, is there anything in it that's helpful? In my opinion read what he said, find something of value and disregard the rest. I think there is a lot to disregard, but at least a kernel of truth to learn from. Analyze your repair and maintenance practices. Do you need to find a better HVAC contractor?
I wish you well.
We all are learning, don’t get offended by negative statements. I agree with the previous person who said to raise the rent. I would raise the rent significantly (not just 3 percent, May be 20 percent. But make sure the rent is still within the acceptable fair market value range)…
But I would prefer a different approach if it was me. I would tell the tenant that I don’t want to renew the lease and give them 500$ for keys/relocation fee
- Member since 2020 · 48 posts · 25 votes3y
Quote from @Mary Jay:
Quote from @Ben S.:
Thank you for the note Carini but it's very hard to fix something that isn't really broken... 3 licensed boiler professionals all agree it is working as it should be. Every time I enter the unit it feels warm, I have been logging the temperatures in all 4 units since this occurred back in December and the temperature in the living room of each unit has been above the required limit of 68, and most of the time above 71. In MN when it gets super cold outside you may have a few rooms that get cooler because of windows, this happens in my 8-year-old house also. I have supplied the tenants with plastic to put over the windows to reduce this effect. I have plans to install new windows so plastic isn't needed in the future. For the tenants that can't handle the few degrees of temperature drop in their rooms, I have supplied extra electric baseboard heaters. But yet here I am with tenants the insist on attacking me in every possible way they can.Quote from @Carini Rochester:
Sometimes the most difficult messages to hear are also the most helpful. @James Hamling 's reply is difficult to hear. But, is there anything in it that's helpful? In my opinion read what he said, find something of value and disregard the rest. I think there is a lot to disregard, but at least a kernel of truth to learn from. Analyze your repair and maintenance practices. Do you need to find a better HVAC contractor?
I wish you well.
We all are learning, don’t get offended by negative statements. I agree with the previous person who said to raise the rent. I would raise the rent significantly (not just 3 percent, May be 20 percent. But make sure the rent is still within the acceptable fair market value range)…
But I would prefer a different approach if it was me. I would tell the tenant that I don’t want to renew the lease and give them 500$ for keys/relocation fee
Thank you @Mary Jay I may try going down that route of paying her but unfortunately I did her a huge favor because she was homeless for awhile before this because nobody would accept her. So I fear that is going to be the case going forward. I obviously have learned a huge lesson here to not let emotions get the best of me when accepting people. No good deed goes unpunished... Regarding raising rent that is most definitely not allowed within 3-6 months because she filed a complaint and it would fall into the crappy MN retaliation law.
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