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  1. #1
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    Jul 2020
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    Default My Tenant Left a Ton of Stuff when He Moved Out. Now What

    My question involves landlord-tenant law in the State of: MN


    My tenant left a *mountain* of his garbage when he moved out. Furniture, kitchen stuff, bedroom stuff, actual garbage, you name it.

    Now... if I rent a truck and make trips to the dump.. waste my time and money...... can I take him to court to get reimbursed?

    There was no first month/last month/deposit of any kind. What do you think.

  2. #2
    Join Date
    Oct 2006
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    16,381

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting discomfited
    View Post
    My question involves landlord-tenant law in the State of: MN


    My tenant left a *mountain* of his garbage when he moved out. Furniture, kitchen stuff, bedroom stuff, actual garbage, you name it.

    Now... if I rent a truck and make trips to the dump.. waste my time and money...... can I take him to court to get reimbursed?

    There was no first month/last month/deposit of any kind. What do you think.
    Why in the world did you rent to someone without getting a security deposit?

    In any case, of course you can sue him...and you would likely win. However, the courts won't help you collect the judgement from him and it can be challenging to collect from someone if they are determined not to pay.

  3. #3
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    Nov 2013
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    6,994

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting llworking
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    In any case, of course you can sue him...and you would likely win.
    Not so fast. The landlord may have to pay for the property if not disposed of according to the Minnesota tenant-landlord statutes.



    Subdivision 1. Abandoned property.  (a) If a tenant abandons rented premises, the landlord may take possession of the tenant's personal property remaining on the premises, and shall store and care for the property.  The landlord has a claim against the tenant for reasonable costs and expenses incurred in removing the tenant's property and in storing and caring for the property.


    (b) The landlord may sell or otherwise dispose of the property 28 days after the landlord receives actual notice of the abandonment, or 28 days after it reasonably appears to the landlord that the tenant has abandoned the premises, whichever occurs last.


    (c) The landlord may apply a reasonable amount of the proceeds of a sale to the removal, care, and storage costs and expenses or to any claims authorized pursuant to section 504B.178, subdivision 3 , paragraphs (a) and (b).  Any remaining proceeds of any sale shall be paid to the tenant upon written demand.


    (d) Prior to a sale, the landlord shall make reasonable efforts to notify the tenant of the sale at least 14 days prior to the sale, by personal service in writing or sending written notification of the sale by first class and certified mail to the tenant's last known address or usual place of abode, if known by the landlord, and by posting notice of the sale in a conspicuous place on the premises at least two weeks prior to the sale.  If notification by mail is used, the 14-day period shall be deemed to start on the day the notices are deposited in the United States mail.
    Keep reading:
    https://codes.findlaw.com/mn/propert...-504b-271.html

  4. #4
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    Mar 2013
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    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting discomfited
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    There was no first month/last month/deposit of any kind. What do you think.
    I think you need to get out of the landlord business. It's no place for amateurs.

  5. #5
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    Feb 2020
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    595

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting adjusterjack
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    I think you need to get out of the landlord business. It's no place for amateurs.
    Leaving sh!t behind is very common, as is damage. Disposing of a tenant's property and using his security deposit for hauling and dump fees may be problematic too. So who is the "amateur" here?

    Quote Quoting budwad
    View Post
    Not so fast. The landlord may have to pay for the property if not disposed of according to the Minnesota tenant-landlord statutes.
    Very true! Who is qualified to determine if what was left behind is trash? Answer: Only the tenant!

    You cannot just dump it without notification and a paper trail.

  6. #6
    Join Date
    Jul 2018
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    2,572

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting adjusterjack
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    Quote Quoting discomfited
    View Post
    There was no first month/last month/deposit of any kind. What do you think.
    I think you need to get out of the landlord business. It's no place for amateurs.
    Seriously. Tenants leaving stuff behind and causing damage is incredibly common. That's why you obtain a security deposit up front, and not doing that is an amateur move.

    To the OP: Can you sue your former tenant. Of course you can. Did you really think you might be prohibited from suing? And you'll probably win (assuming you comply with your state's abandoned property laws before disposing of the stuff). But will you be able to collect? You'd know better than anyone here.

  7. #7
    Join Date
    Feb 2020
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    595

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting pg1067
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    Seriously. Tenants leaving stuff behind and causing damage is incredibly common. That's why you obtain a security deposit up front, and not doing that is an amateur move.
    I am sure the OP finds your "amateur" name calling very helpful. You and Jack seem to get off on it.

    To the OP: Can you sue your former tenant. Of course you can. Did you really think you might be prohibited from suing? And you'll probably win (assuming you comply with your state's abandoned property laws before disposing of the stuff). But will you be able to collect? You'd know better than anyone here.
    Again, nothing substantive but ridicule. But a question for you: Maybe most of these folks you bash shouldn't come to this site at all, huh? Then what would you do for your sick pass-time?

    PS. Ya, I know, I set myself up. So take the bait and see what you get back.

  8. #8
    Join Date
    Oct 2006
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    16,381

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting Harold99
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    I am sure the OP finds your "amateur" name calling very helpful. You and Jack seem to get off on it.



    Again, nothing substantive but ridicule. But a question for you: Maybe most of these folks you bash shouldn't come to this site at all, huh? Then what would you do for your sick pass-time?

    PS. Ya, I know, I set myself up. So take the bait and see what you get back.
    Harold,

    You obviously don't like this forum. Why is it that you are still here? Why do you hijack every poster's thread?

  9. #9
    Join Date
    Mar 2013
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    18,150

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting llworking
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    Harold,

    You obviously don't like this forum. Why is it that you are still here? Why do you hijack every poster's thread?
    You're only feeding the troll when you respond like that. Best to ignore him.

  10. #10
    Join Date
    Feb 2020
    Posts
    595

    Default Re: My Tenant Left a Ton of Stuff when He Moved Out. Now What

    Quote Quoting llworking
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    Harold,

    You obviously don't like this forum. Why is it that you are still here? Why do you hijack every poster's thread?
    There are people here who I like and those I dislike. I learn stuff just like anyone else. It is the select front-liners that come here to unnecessarily bash people that are the ones I dislike. Also, those arrogant, rude few like to think this forum is theirs due to their bullying.

    For the record, I post on very few threads here. Take notice please. I only post on threads that I have experience with, which includes this one.

    I know that I cannot change these select front-liners because it is their sick obsession with bashing people. But, if it is acceptable to bash OP's here, which you seem to condone, then you should find it acceptable that I bash the bashers. Right? It is they who have set the ground rules.

    Quote Quoting adjusterjack
    View Post
    You're only feeding the troll when you respond like that. Best to ignore him.
    That's right Jack, go hide behind your screen and look for some fresh meat to bash.

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