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Updated about 12 years ago on . Most recent reply

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Apryl McDowell
  • Real Estate Investor
  • Minneapolis, MN
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Can you change the locks on door if tenant is not paying rent?

Apryl McDowell
  • Real Estate Investor
  • Minneapolis, MN
Posted

I'm located in MN and I have a question regarding changing the locks on a rental property in which the tenant is behind 3 months.

The situation is the current tenant has given me heads up that he is moving out. He has not paid rent in 3 months, and told me that he would be out at the beginning of this month, but he has not given the keys and alot of his stuff is still in the home. For the most part it looks like he has taken out of majority of his items, but big items like a boat, machinery equipment, is still on the premises, and some things still in home. As if he is using the property for storage!!!!

Well in Minnesota's Tenant/Landlord laws I did read about not being allowed to change the locks. Would this still be the case if in the residency agreement it states:

"The Managing Agent may also display `for rent' and `for sale' signs on the rented residence if the lease is in default and has the right to change keys and seize nonexempt property. The Owner will have a lien for unpaid rent against all of Tenant Buyer’s nonexempt personal property that is in the Property and may seize such nonexempt property if Tenant Buyer(s) fails to pay rent. Management Agent may collect a charge for packing, removing, or storing property seized in addition to any other amounts the Managing Agent is entitled to receive. The Management Agent may sell or dispose of any seized property."

The next month is coming up, and I have some serious buyers who are interested in the property. I just started the eviction process. The original owner waited too late and just got me involved on the deal on a "subject to", he signed over the property on a warranty Deed, and now this is my "headache deadbeat tenant". What can I do at this point?

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Chris Martin
  • Investor
  • Willow Spring, NC
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Chris Martin
  • Investor
  • Willow Spring, NC
Replied

You are describing a 'self-help' eviction, which may not be legal in your state. You have done the right thing in starting the (formal) eviction process, which in my state (and probably yours) is the legal remedy.

Options: ask for tenant to relinquish the keys. If not... offer to pay for a month of storage and pay for movers to move the stuff to storage in exchange for the keys... etc. Or just wait for court.

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