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Tim is teaching a class called "Landlording 102" through Anoka Hennepin Community Education. The class will be held on Tuesday, February 28, 2017 at 6:30 PM at the Staff Education Center (enter through door 7) at 2727 Ferry St., Anoka, MN 55303.

From the course description:

Discuss evictions and landlord-tenant law, including security deposits, lockouts, and abandoned tenant property. Interactive class, with plenty of time for questions, for new as well as more experienced landlords, property managers, and anyone else interested in learning more about being a landlord. Instructor is an attorney who represents primarily landlords and specializes in evictions and landlord-tenant law.Class fee: $25.

For more information and to register, please visit:

https://anokahennepin.cr3.rschooltoday.com/public/costoption/class_id/22698/public/1/sp/

 
 
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I am often asked whether a landlord should hold off on evicting a tenant until after the holidays. The short answer is no, the landlord should bring an eviction as soon as possible.  A landlord will do well to remember that being a landlord is a business. The landlord is in the business of providing housing, and those persons who do not pay their monthly rent should leave, and be replaced with tenants who actually pay their rent on time.

A tenant always has to meet their obligations under the lease to pay rent, even if there is a holiday. The landlord is under no obligation to give the tenant a gift of free rent for a month or two. Indeed, a tenant might get use to not paying rent, and then expect to stay for free. A tenant who does not pay rent is not meeting their obligation under the lease, and should be evicted.

Still, I understand that certain landlords would prefer not to bring an eviction so close to the holidays. However, if the landlord files an eviction now (December 13, 2016), the hearing on that eviction will likely not take place until the last week of the month, or possibly early in 2017. As such, I would recommend that a landlord bring an eviction sooner rather than later, even if we are in the midst of a holiday season.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.



 
 
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Tim is teaching a free seminar called "What Every Landlord Needs to Know about Evictions, Security Deposits, Abandon Tenant Property, and Landlord – Tenant Law." The seminar will be held on Friday, March 11, 2016 from noon – 1 PM at Tim's office, 2140th Avenue, Anoka Minnesota 55303.

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.  Please call Tim directly at 763-450-9494 if you have any questions about this seminar.

Space is limited, so advance registration is required. To register, please visit
https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-22240662420.

ATTORNEYS:One standard CLE credit has been applied for.







 
 
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I am often asked how a landlord should handle a tenant's security deposit after the tenant moves out. The law is relatively clear in this case. Minn. Stat. 504B .178  governs security deposits in Minnesota, and provides that within 21 days of the date that the tenant moves out,

"and after receipt of the tenant's mailing address or delivery instructions, return the deposit to the tenant, with interest thereon as provided in subdivision 2, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof."

The landlord can withhold from the security deposit only amounts reasonably necessary to compensate the landlord for damages beyond ordinary wear and tear caused by the tenant. "Ordinary wear and tear" is just that – what you would reasonably expect to happen to a rental unit if someone lived in it for a period of time.

For example, if the carpet is worn or dirty in spots and the landlord needs to shampoo the carpet before the next tenant moves in, that is probably not a damage beyond ordinary wear and tear. If the tenant has ripped holes in the carpet or the carpet is significantly damaged – by pets, for example – and the landlord needs to replace the carpet, that might be an example of damage beyond ordinary wear and tear. You would not reasonably expect holes or gashes to be in the carpet after the carpet had been used normally for a period of time. Likewise, small nail holes in the walls (use for hanging pictures and knickknacks and the like) are probably ordinary wear and tear; however, big holes in the walls caused by the tenant are most likely beyond ordinary wear and tear.

So, the landlord needs to either return the security deposit pursuant to the tenants instructions or furnish a written statement to the tenant showing why the tenant is not getting all or a portion of the security deposit back. The statement should be sent by first-class mail to the tenant's last known address, which may be the rental unit if the tenant has not provided a forwarding address to the landlord.  The consequences for failing to comply are fairly severe. The landlord may also wish to send the statement by certified mail as well, just to be safe, although certified mail is not specifically required by the statute.

A landlord who does not follow the law concerning security deposits is liable to the tenant for the amount of the security deposit wrongfully withheld, double that amount as a penalty, and an additional $500 penalty if a judge finds that the security deposit was withheld in bad faith. Because the potential consequences of not following the law are very severe, I recommend that all landlords follow Minn. Stat. 504B .178 when it comes to dealing with security deposits after the tenant moves out.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.



 
 
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Tim is teaching a FREE seminar on evictions, security deposits, abandoned tenant property, and landlord-tenant law.  The seminar will be held on Friday 9/25/15 at Tim's office, 2140-4th Avenue, Anoka MN 55303.  ATTORNEYS: This seminar has been approved for one standard CLE credit.  The event code is 210325.

Here is the official event description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

Space is limited, and advance registration is required.  For more information or to register, please visit:

https://www.eventbrite.com/e/evictions-security-deposits-abandoned-tenant-property-and-landlord-tenant-law-tickets-18462101643

 
 
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Tim is teaching a FREE seminar on Landlord-Tenant Law, including evictions, security deposits, and abandoned tenant property.  The seminar will be held from noon - 1:00 p.m. on Wednesday 1/28/2015 at Tim's office, 2140-4th Avenue, Anoka MN 55303.  This seminar is geared for landlords, property managers, and attorneys who represent them, but is also applicable for tenants, tenant-rights' organizations, and tenant attorneys.  ATTORNEYS: The seminar has been approved for one standard CLE credit.  The event code is 200646.

Space is limited, so advance registration is required.  To register, please visit: https://www.eventbrite.com/e/evictions-security-deposits-abandoned-tenant-property-and-landlord-tenant-law-tickets-15252316088

 
 
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Tim is teaching a special seminar for landlords on how to handle evictions, security deposits, tenant property left behind when a tenant moves out, and landlord-tenant law.  The seminar will be held on Friday 8/22/2014 from noon - 1:00 p.m. at Tim's office, 2140-4th Avenue, Anoka MN 55303.  Here is the official description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship from the landlord's perspective, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

ATTORNEYS: This seminar has been approved for one standard CLE credit.  The event code is 194884.

Space is limited, so advance registration is required.  For more information and to register, visit https://www.eventbrite.com/e/brown-bag-seminar-evictions-security-deposits-and-landlord-tenant-law-tickets-12490921683.