All Forum Posts by: Jason Nelson

Greg H. 

Thank you for your time and advice. It is appreciated. I do believe that you are correct on the backstory thing. That also went through my mind before and after court. Thats good advice, when I go back I will leave it out. Im going with details only. 

Im going to assume that all the backstory is going to be for small claims court.

You are also correct that about the partial payment was to blame for it being thrown out. 

I have learned alot in the past few weeks. I have never really intended on being a landlord, I just got tossed into it because of my DUI and Jail time. But all I can do is admit my mistakes and learn from them and move forward. 

I was not intending any arguing with anybody. So Im glad that it appears that we are all good (from my point of view).

And I really do appreciate any and ALL advice, Even if I dont like or agree with it.... In all reality, thats probably the kind of advice that I need to hear the most, and look at it from another point of view. SO, Thank you!!

At this point, im trying to find the cash for a lawyer.. 

But I have just started the whole process over. I just re-submitted the "in forma Pauperis". They said the judge wont get to it until monday. 

I have also resent a 30 day notice that their month-to-month lease is terminated. I sent one notice certified mail 9which they denied to accept and i had to sign to get it back. The second copy was sent regular mail, and the third copy was delivered by me and a witness in person. They were home, but refused to answer the door. So I just put it in the mailbox. I have been getting a lot of advice from one of the top lawyers in town, and thats what he suggested for me to do. He also said that when I deliver the copy in person that I DO NOT have to physically hand it to them. And it is ok to just leave it there. All of that took place on 12-29-18. (with the exception of filing the in forma pauperis. that was done today. 

If im missing something PLEASE let me know!! 

As always, Thank You for your time and advice!! It helps a lot!!

I will more than likely end up in small claims court over these guys. If I hire a lawyer to help evict them, Could I also go after them for the legal fees involved to evict, AS well asrepersantion for small claims court?

Thank you to everyone who took the time to reply. All advice helps. 

To answer a couple questions...

Marcia Maynard asked why I was homeless. 

Well, as always, its a long and complicated story. I'll try to keep it short with as little drama as possible. 

I'm 41 I went back to college full time. During the second semester (Dec-1-2015), I was on my way to class when I was in a serious life threatening car accident. I was Non-ambulatory for nearly a year. I had multiple serious surgeries during the first year. (I had over 30 doctors). My Primary Dr. "thought" all repairs were done on me. One surgery in particular was the installation of a metal plate on my pelvis (multiple fractures and complete dislocated hip). For the entire first year, I begged over and over again to have a specialist look at my hip. I was in constant and severe pain. My Doc "assumed" drug seeking behavior and proceeded to remove ALL pain meds. Months went by, and because of the intense pain, I nearly completed suicide. I ended up drinking non stop for months while I begged to get a referral. But in order for ins to cover it, my primary MUST issue a referral for a second opinion.  Which he refused to do. 

Well I ended up getting a DUI. I than went back to doc and told him, "one of us is going to medicate and manage my pain". 1) He can give me back my meds and monitor them, Or 2) Im going to continue drinking uncontrollably, and probably end up dead.  

So he agreed to the meds. But now "insisted" on a specialist to examine my hip. WHICH IS EXACTLY WHAT I WAS BEGGING FOR.... FOR MONTHS!!!!

It took the specialist about 4 SECONDS TO CONFIRM that I needed A FULL hip replacement IMMEDIATELY!!! And in fact he stated that I needed it approximately 4 to 5 months ago!! 

He also stated that he knew that I was in serious pain and seeking pain meds. He told me "if I knew how bad your hip was, I would have given them to you myself.

So I was put on the TOP of the emergency list for surgery...

About 6 weeks went by, than I got the hip replaced.  

So anyway, bla, bla, bla...

Two weeks after my full hip replacement, I had to go to court for the DUI. I fought it all the way to trial and lost. Well in MN if you fight to trial and loose, Its common that the court will give the MAX sentence. So I ended up in jail for 6 months. 

During this time I gave my power of attorney to my sister and told her to rent out the house so the bank doesn't take it.

Once I got out of jail I was and still am fully disabled. I was homeless for 8 months, bouncing from couch to couch. But I did finish my AAS Degree with computers. But because of my age, Im white, I own a "rental" property, well everyone I worked with at the county kept saying that "I slipped through all the cracks" and only qualified for Food support. 

It's been a very long painful, stressful, depressing, past 3 years. I could go on and on about all of this, but whatever its the past and I'm Still trying to rebound from all of it... Especially the physical damage done to my body, and the multiple pains that will never stop. 

I tried EVERYTHING to get help from the county, the answer was always No. Finally after about 8 months of being homeless, I went back to the county one last time. I told them "If you cant find me some help RIGHT NOW, I will complete suicide as soon as I leave the building".  (I was about 75% serious of following through). Well legaly, they cannot allow me to leave the building in that state of mind. 

Thats when the supervisor manually OVERRIDDEN the system and allowed me the MAX of $203 a month in emergency cash (which I must repay) to help with housing. Lucky, I met a cool person in jail that just bought a house and let me stay in the living room until the rest of his family moved up to MN So I stayed there for a while.

I finally found a program where they put me into a Motel until an apartment opened up for me. 

Now im in a program where my rent is covered with the exception of my $203 emergency cash that I get a month, they take 30% back for rent. It's a bogus charge, but whatever, I have a permanent place to stay that is income based.

So yea, I've been bouncing around and its been tough. I moved 4 times in 8 months

Yes I want to move back in, but until I can return to work I cannot afford it yet. 

So that was the VERY SHORT explanation of why I'm not living in the house now, and a very brief overview of the situation i'm living in.. 

So yea, While I was a FULL time student I all of this happened within about a year and a half... the car accident, the surgeries, the DUI, the jail, my cousin/best friend killed himself, my grandfather died (while i was in jail), homeless, fighting SSI, (and the list goes on and on)..... And now the renters, the non payments, the mortgage, the bills... Bla, Bla, Bla you guys know the game.

But Life goes on.

I am sorry for all of the drama, I only mentioned all of this because I was asked. I tried to keep it short and to the point.

(ALSO... I am aware that I mentioned suicide more than once.. I DID NOT intent to cause alarm or worry to anyone. And yes, my Doctors ARE aware and I am receiving counseling for it. I was told it is basically Standard, normal, and To Be Expected behavior after an accident like I had).

If my comments upset anyone in any way, I am truly sorry.

And I also truly apologize for posting my drama here.

I know that people posting drama on sites like this can really suck. So from this point forward, (unless specifically asked),  I will "check my baggage at the door".  Thank you for understanding.

Now, as far as the house goes...

Im not sure what I'm going to do yet. I would like to continue on for Computer Programing as a second degree. I'm considering moving back in and it would be easy to find students to rent rooms to. So thats a Strong possibility.

I dont really want to sell it, but along with renting it out again, they are also strong possibilities.

On Dec 27, per a top local lawyer, I reissued an eviction letter again. Not im in the process of jumping through the courts hoops again to have them removed.

So basically Im just starting over again. 

I DO APPRECIATE ANYONE WHO TAKES THE TIME TO ACTUALLY READ ALL OF THIS.

AND THANK YOU TO ANYONE WHO RESPONDS. ANY AND ALL ADVISE IS WELCOME. 

(even if its crappy advice like Greg H. posted ((i'm not mad at ya)) LOL!!

So can I restart the eviction process again today? Or is there a waiting period or something?

Now if I could just find some wat to collect a dollar for every word that I just mispelled on that posting... I'd probably be set for life!

Thats good advice, thank you.

I had new questions about my situation so I just started a new discussion today Sooo, I just copied it and im gonna re post it here.

Well anyways, here is a follow up of what happened  at court yesterday...

So I posted earlier about trying to evict some dead beat renters. And everything that I have to say today will directly follow my previous posting. But I started a new discussion because of the questions that I have today. Im sorry to hop around like that but it is what is...

So in a quick recap of my last post...

My renters have broken multiple lease agreement rules and also and also continue to not pay rent. They have been behind since day one, and are currently behind. They and avoid me like the plague. Their lease has been over since September. I have also sent them an eviction notice back in September. They wont leave, and with the acceptation of 12-1-18 and they haven't been paying bla, bla, bla...

Well, I finally went to court today and.....

The judge ruled in the tenants favor. ONLY BECAUSE I accepted a partial payment from the tennant for "back rent" but it was after the first of this month.

Now here are my questions...

It snowed last night and the Judge WAS NOT physically in court. Court was held through video. I was required to bring tons of copies and statements, records, rent receipts, proof of this and proof of that and as most of you are aware that list goes on and on and on.... Than I had to make 3 copies of all of it.

Well since the judge did not want to drive in the snow, he was not present- they said he was 'sick' (he showed zero signs of illness).

Well during the hearing the tenant was lying threw her teeth on every issue. When it was my turn to speak, not only did I feel, that I was not given adequate time to respond to her comments, but I also did not get enough time to address my own concerns and issues. I kept trying to explain to the judge " I HAVE THE PROOF RIGHT HERE IN BLACK AND WHITE WHICH PROVES THAT SHE IS LYING!! I HAVE ALL OF THE DETAILS PHYSICALLY HERE, AND I HAVE 3 COPIES OF EVERYTHING".

I tried to explain to the judge that i have copies of notifications with me which prove that my intent for any payments were to be applied towards the past rent and not the current rent!!! I even went as far to say "Your honor, If you would just please look at, or have someone here look at it-- or even hold it up to the camera, well you will be able to see whats going on here!!!" But he refused to view ANY AND ALL information that I brought with. (not one thing)

Well this went on with EVERY subject he questioned me about. He would ask me a question and I would try to answer it the best I could- I would also locate and hold up the paperwork/receipt/notification in question. and I'd say "your honor I have that information right here. If you would just PLEASE look at this!! But he would not. I wanted to show him the eviction notice, important text messages (I printed out the history of texts with the renter and located important details) I wanted to show him notifications that i have sent. But most of all, I wanted to show him a detailed payment history. Which included late payments, and missed payments which are STILL unpaid and currently due!!!

BUT HE REFUSED TO LOOK AT I BROUGHT WITH, NOT ONE SINGLE THING!!!!

Finely he says, "we are going to take a recess".

Well when he came back, be basically went straight to his conclusion and proceeded to make his ruling which was ....

(and im paraphrasing here)..

"Even though they are behind on rent, because you accepted a partial payment after the first of this month, the lease is voided".

Than he proceeded to rule in their favor.

I tried to reason with him "your honor, i have documentation right here stating that money was to go towards to PAST rent Will you please just look at it".

But he didn't want anything to do with it.

Can he do that? Can he make a ruling WITHOUT even looking at the evidence that I had with?

Uuuuuuggggghh!!!! Im just sooo Pi$$#&!!!!

So basically If I want to evict them, I cannot accept current rent OR past rent AND they get to stay for free!! But I still have to pay the mortgage.

Well Im certified FULLY disabled and cannot work. I do not yet receive ssi or disability. The ONLY income I have is $203 "emergency cash assistance" a month. (My house was in debt for repairs and nonpayments of rent). The ONLY reason that I am reviving the cash assistance is because I was Homeless for 8 months (1-18 to 8-18) and had zero income, and with the acceptation of food stamps, I was slipping through the cracks of everything I applied for through the county. Their answer was always the same.. "Because your house gets rent, you make too much, so you dont qualify". They would not listen when I tried to explain the renter situation. All they herd was "you collect $1000 a month rent" Well actually I did NOT even qualify for the emergency assistance!! It was not until I went int the county building and tried one last time to get help one last time. And thats when I finally told them....."Hey look, Im fully disabled, im fighting for SSDI, I have nowhere to go, I have no money, I have been homeless for 8 months now, renters are in my house, they wont pay and they will not leave, i have nothing... so if you guys tell me one more time that there is no help available for me, than as soon as I leave this building I am just going to kill myself today." -- Only than did the Supervisor make an acceptation, and "over-ride the system" and approve me of $203 emergency cash." (which they will be reclaiming when I do get my ssdi).

Well i tell ya, that was a pretty those days were a really low point in my life, and I'm thankfully that part is behind me. Now all I have to do now is Get these people out, so I can continue to move forward.

I literally cannot afford these people to be in my house any longer and I cant get them out. I was expecting the judge to rule in my favor and evict them today, but I guess not.

Im sorry for the "oh poor me sob story, but is plays a big part of the situation im currently in.

So back to my main question, can the judge do that? Can he make a ruling WITHOUT even viewing the evidence that I was "REQUIRED TO PROVIDE" and DID bring with to provide to him. And because he wasn't physically in the room, he wasn't able to or willing to look at them.

Is that even legal for him to do?

So now the dead beat tenants get to stay even longer without paying rent!!! And we all know that I am still responsible for the mortgage, but I have no way of cumming up with the money for it...

This all just seems insane to me, the system is messed up!!

And I dont see how the judge can do that....

So I posted earlier about trying to evict some dead beat renters. And everything that I have to say today will directly follow my previous posting. But I started a new discussion because of the questions that I have today. Im sorry to hop around like that but it is what is...

So in a quick recap of my last post...

My reneters have broken multiple lease agreement rules and also and also continue to not pay rent. They have been behind since day one, and are currently behind. They and avoid me like the plague. Their lease has been over since September. I have also sent them an eviction notice back in september.  They wont leave, and with the acception of 12-1-18  and they havent been paying bla, bla, bla...

Well, I finaly went to court today and.....

The judge ruled in the tenants favor. ONLY BECAUSE I accepted a partial payment from the tennant for "back rent" but it was after the first of this month.

Now here are my questions...

It snowed last night and the Judge WAS NOT phisically in court. Court was held through video. I was required to bring tons of coppies and statements, records, rent reciepts, proof of this and proof of that and as most of you are aware that list goes on and on and on.... Than I had to make 3 coppies of all of it. 

Well since the judge did not want to drive in the snow, he was not presant- they said he was 'sick' (he showed zero signs of illness). 

Well during the hearing the tenant was lying threw her teeth on every issue. When it was my turn to speak, not only did I feel, that I was not given adiquate time to resopnd to her comments, but I also did not get enough time to address my own concerns and issues. I kept trying to explain to the judge " I HAVE THE PROOF RIGHT HERE IN BLACK AND WHITE WHICH PROVES THAT SHE IS LYING!! I HAVE ALL OF THE DETAILS PHYSICALLY HERE, AND I HAVE 3 COPPIES OF EVERYTHING". 

I tried to explain to the judge that i have copies of notifications with me which prove that my intent for any payments were to be applied  twards the past rent and not the current rent!!! I even went as far to say "Your honor, If you would just please look at, or have someone here look at it-- or even hold it up to the camera, well you will be able to see whats going on here!!!"  But he refused to veiw ANY AND ALL information that I brought with. (not one thing)

Well this went on with EVERY subject he questioned me about. He would ask me a question and I would try to answer it the best I could- I would also locate and hold up the paperwork/reciept/notification in question. and I'd say "your honor I have that information right here. If you would just PLEASE look at this!! But he would not. I wanted to show him the eviction notice, important text messages (I printed out the history of texts with the renter and located important details) I wanted to show him notifications that i have sent. But most of all, I wanted to show him a detailed payment history. Which included late payments, and missed payments which are STILL unpaid and currently due!!!

BUT HE REFUSED TO LOOK AT I BROUGHT WITH, NOT ONE SINGLE THING!!!!  

Finely he says, "we are going to take a recess". 

Well when he came back, be basically went straight to his conclusion and proceeded to make his ruleing which was ....

(and im paraphrasing here)..

"Even though they are behind on rent, because you accepted a partial payment after the first of this month, the lease is voided".

Than he procieded to rule in their favor. 

I tried to reason with him "your honor, i have documentation right here stating that money was to go twards to PAST rent Will you please just look at it". 

But he didnt want anything to do with it.

Can he do that?  Can he make a ruling WITHOUT even looking at the evidance that I had with?

Uuuuuuggggghh!!!! Im just sooo Pi$$#&!!!!

So basically If I want to evict them, I cannot accept current rent OR past rent AND they get to stay for free!! But I still have to pay the mortguage.

Well Im certified FULLY dissabled and cannot work. I do not yet recieve ssi or dissability. The ONLY income I have is $203 "emergency cash assistance" a month. (My house was in debt for repairs and nonpayments of rent). The ONLY reason that I am reciving the cash assistance is because I was Homeless for 8 months (1-18 to 8-18) and had zero income, and with the acception of food stamps, I was slipping through the cracks of everything I applied for through the county. Their answer was always the same.. "Because your house gets rent, you make too much, so you dont qualify". They would not listen when I tried to explain the renter suitation. All they herd was "you collect $1000 a month rent" Well actually I did NOT even qualify for the emergency assistance!! It was not until I went int the county building and tried one last time to get help one last time. And thats when I finally told them....."Hey look, Im fully disabled, im fighting for SSDI, I have nowhere to go, I have no money, I have been homeless for 8 months now, renters are in my house, they wont pay and they will not leave, i have nothing... so if you guys tell me one more time that there is no help available for me, than as soon as I leave this building I am just going to kill myself today." -- Only than did the Supervisor make an acception, and "over-ride the system" and approve me of $203 emergency cash." (which they will bevreclaiming when I do get my ssdi).

Well i tell ya, that was a pretty those days were a realy low point in my life, and I'm thankfull that part is behind me. Now all I have to do now is Get these people out, so I can continue to move foreward. 

I literly cannot afford these people to be in my house any longer and I cant get them out. I was expecting the judge to rule in my favor and evict them today, but I guess not.

Im sorry for the "oh poor me sob story, but is plays a big part of the situatuion im currently in.

So back to my main question, can the judge do that? Can he make a ruling WITHOUT even viewing the evidance that I was "REQUIRED TO PROVIDE" and DID bring with to provide to him. And because he wasnt pysically in the room, he wasnt able to or willing to look at them.

Is that even legal for him to do?

So now the dead beat tenants get to stay even longer without paying rent!!! And we all know that I am still responsable for the mortguage, but I have no way of comming up with the money for it... 

This all just seems insane to me, the system is messed up!!

And I dont see how the judge can do that.... 

Thank you for everyone who took time to reply.

I DID!!! They wont go!!! Now I have to go to court.. I want to charge them for the late fees they never paid, but it's kind of a mess, and I dont know what I can LEGALY do. I could use some help.