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All Forum Posts by: Mike Fuchs

Mike Fuchs has started 2 posts and replied 5 times.

Post: Tenant is likely breaking lease - Process to prove and evict

Mike FuchsPosted
  • Real Estate Agent
  • Minneapolis, MN
  • Posts 5
  • Votes 1
Originally posted by @Thomas S.:

In regards to the additional residents you need to get their names, this will likely require tricking them into believing you need the information to do screening. Once you have the names you can then file no trespass warrants against them preventing them from entering the property. Since they are not tenants this is much easier to do than evicting.

Aside from that you will need to either get your tenant to conform to the lease or evict.

This is a very good example of the importance of only offering M2M leases to new tenants. Non renewal is much less costly and more easily managed without cost to the landlord.

 My wife and I were talking more about it and our biggest learning from this one is likely starting with month to month. We offered 6 month leases as a testing period, but realize month to month gives up the ability to move on from these situations. Thanks!

Post: Tenant is likely breaking lease - Process to prove and evict

Mike FuchsPosted
  • Real Estate Agent
  • Minneapolis, MN
  • Posts 5
  • Votes 1

Hi, new landlords here. We just bought a duplex and moved in two new tenants on Jan 1st. I feel we were very diligent/clear with our screening and rules, so now we need to act on what we said in the application process.

Received a call from one tenant today, she definitely had been holding back from calling sooner. One, the other tenant has used up all of the available garbage resources both weeks and then some. During a move, I get it, but she went on to say she is pretty certain at least two adults are living in the unit that are not on the lease (a clear violation of our lease). Additionally, one of them is smoking on the property, another lease violation. I walked the property today and found several cigarette butts. 

I don't want to micro manage the property, but as I was about to leave, I took a phone call in my car and watched two other people enter the property who are not on the lease, thus confirming the tenant's concern in my opinion. 

Both of these violations make this a tenant we want to remove. What is the best way to start this? We have occupancy rules in the lease, along with a clear no smoking policy for tenants and guests. We need to be sure to follow the rules, so anyone have ways they have proven these violations? 

Post: First Day Landlord Problem - Help!

Mike FuchsPosted
  • Real Estate Agent
  • Minneapolis, MN
  • Posts 5
  • Votes 1
Originally posted by @Ryan Schroeder:

Just so you don't feel terribly that you may not have gone into this purchase eyes open and thus blame yourself for this.... my first property was a 13 unit with some shared baths (so rooming house).  On the day of closing the caretaker (who the former owner said was a wonderful and trustworthy person) took off with all of the keys and rent.

Turns out the caretaker was wanted in another state on a murder charge so I was actually quite happy this occurred after the fact but certainly a traumatic first day in the business (I have piles of stories from that period in my rental business 30 years ago).

So...look at the bright side.  You're getting rid of a deadbeat early.  And, oh by the way my standard answer to tenants I don't know well when I hear the "I'm a little short this month" is "that's not my problem; pay the rent by the 5th or you are out"

 Thanks! I am already over the shock and looking at the bright side of an early removal for a bad tenant, but what a roller coaster day after we were so excited about our first rental property! After today, we have a plan in place for removal and have our choice of strongly vetted solid options for the vacant unit. This was a long-term purchase, but it was tough not to feel bad after yesterday. 

Post: First Day Landlord Problem - Help!

Mike FuchsPosted
  • Real Estate Agent
  • Minneapolis, MN
  • Posts 5
  • Votes 1

Thanks to everyone for their responses! This was not how we wanted our closing day to go!

We are prepping all the paperwork with a pay or vacate on the 5th and eviction notice immediately after. Making sure to run things by the lawyer since this is all a first. 

Post: First Day Landlord Problem - Help!

Mike FuchsPosted
  • Real Estate Agent
  • Minneapolis, MN
  • Posts 5
  • Votes 1

Hi all, we closed on our first rental property today (a duplex), and have read all we could preparing for the transition. We have a vacant unit that should be easy to fill, and tenant on a month to month lease. This is a tenant that likely would not pass our screening process but we at least wanted to fill the vacant unit prior to presenting a new lease/screening process. 

Anyway, we found out at closing that the tenant had failed to pay Nov rent. As we were cleaning up the vacant unit, current tenant came to us saying there was no way rent would be paid for Dec either. This was of course too late in the day to send a proper cancellation of the lease to end in Dec. We are pretty aware of our options and are talking with our lawyer tomorrow, but any advice from similar situations? 

Tenant can't pay nor wants an eviction. Has anyone had luck getting a mutual cancellation or other means? Would love to hear from others who have seen this. Good first day! :)