Landlord Eviction Process

[nordberg25]

What is the name of your state? MN

Currently I am living in AZ and my rental property is in MN. Tenants are on a 1 year lease and are approaching 60 days late on the 15th of May. I am looking into power of authority in eviction action, but am wondering if I need to do this. I spoke with an attorney in Minnesota who stated they have done these hearings over the phone.

They started paying rent on the 15th of January 2007. They paid 1st and last months rent up front plus a $500 deposit.

Can I fill out the required court forms and request a phone hearing?

If I need to appoint a power of authority, does this need to be posted in a conspicuous place at the residence prior to filing the eviction, also does the power of authority name go on the eviction action complaint or would myself as the landlord remain on there?

 

[FarmerJ]

There is no special requirement of notifiying tenants in advance that some one has a limited power of atty to represent you for eviction purposes only , there may be for general purpose contacts like building inspectors who need to contact owners or police, tenants with repair concerns, but that depends on your city. You dont say if your unit is in the city of mpls or not , some citys have ords like mpls regulating conditions where you must have a property manager for general contact and notice of whom it is posted. SO stop wasting time and have a atty file for eviction on your behalf since your living else where.

 

[Alaska landlord]

Should have started the process on day on what ever day is legal to do so in Mn or your lease.. Do not give power of attorney to anyone. Make it LIMITED power of attorney.

 

[nordberg25]

Ok the process is underway. Hired a lawyer in MN and the court date is May 17th. After the eviction is done, I want to sue for the lease.

Can I sue for the remainder of the lease which through to Jan 15th 2008, or can I only get what the arrears are? I verified employment so I am planning to do wage garnishment (unless there is a better way to go)

I have read another post where I need to actively try to rent the place out after the eviction as well, is this true.

Thanks in advance.

 

[LindaP777]

I have read another post where I need to actively try to rent the place out after the eviction as well, is this true.

Of course it's true. You must try to mitigate your damages and try to find a new tenant. The old tenant is responsible for the rent until a new tenant takes over.

 

[FarmerJ]

now that it is spring time it will be alot easier to re rent the unit , when you sue former tenant you can be awarded the rent for the amount of time it takes to re rent the unit. with nicer weather now , it wont take long.