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Question

As a landlord, my tenant left the property w/ no notice and a month left on there lease. Can I collect the remeaining month (also rean on remainder of security deposit)? Can I place a lein on the property they own in another state? Can I contact his employer?

Submitted: 18 days and 4 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Minnesota

Already Tried:
Calling, they are not returning calls. Emial, no response. Looking for legal action but very expensive. Is there something similatr to a mechanics lein, wage garnesment, put the balance into collections? I do know where the tenant works and I was able to obtain a new address

Posted by psimmons 18 days and 4 hours ago.

Answer

Yes...if the tenant did not give proper notice you can collect that last month. You can take this from the security deposit that they left.

If they still owe you money (after you have taken from their deposit) you can sue them in court...in MN you can sue for up to $7.5K. More info here

http://www.mncourts.gov/selfhelp/?page=313

Now, after you receive a judgment, you can then take that judgment to court in the state where they are located and have that state court ratify it....after this happens you can proceed to enforce the judgment (and garnish accounts or place liens on property)





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18 days and 4 hours ago.

Reply

I am in Ohio, the rental property is in Minnesota and the property they own is in Utah. Do I need to be present in each state to initiate action?

Posted by psimmons 18 days and 4 hours ago.

Answer

You need to file in MN (since that is where it started). Then you would need to go to Utah to enforce the lien.

18 days and 4 hours ago.

Reply

Any other options since I am out of state and do not anticipate being in MN until the summer 2010, and I never plan on going to Utah?

Accepted Answer

Thanks and sorry for the delay.

That makes it tough. On the bright side, you have 6 years to file the claim (statute of limitations is 6 years on contract). So you can wait to file then. Or you can hire an attorney to file for you in MN...but this will cost more than you would recoup I suspect.

You can get a judgment in MN and sell it to a collections agency...they will pay %10-%50 of the face value typically.

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Expert: psimmons
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Answered: 11/5/2009

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Law Degree, 12 Years of trial experience

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