Legal Question in Real Estate Law in Minnesota

unsure

My husband I evicted a tenant from one of our properties. A writ of recovery was issued and finally we got the tenant out of the property with the help of the sheriff's department. We told the sherriff's that we would keep her items on site, but after trying to clean this place which was very dirty and disgusting we were not able to. The tenants family called and we made arrangements for he to pick up some of her clothings, she did not show up but called. We again set up something with her and at that time informed her that we could not keep these things on site it was too much. In any case we did remove the items with her knowledge, but now she refused to pay for the expenses to obtain her items back. I talked to an attorney to make sure we were doing things legally and he assured me we did the right thing. I even called the sheriff's dept. and the housing court to make sure removing her things are legal as long as she was told where they were. Now I'm not so sure because of a stutue in Minnesota Law that I really don't quite understand. We also want to sue for unpaind rent, cost of moving and storing expenses as well as damages and using my husbands name on the utilities that she did not pay. Please let me know what we can do.


Asked on 3/18/07, 3:14 pm

1 Answer from Attorneys
Joel Hilgendorf Hellmuth & Johnson, PLLC

Re: unsure

You must store abandoned personal property items for at least 60 days after abandonment. They can be stored in the rented premises or elsewhere. After 60 days, you can dispose of them. If you incur any costs of caring for, moving, or storing the items, then you have a claim against the tenant for those costs. If the tenant asks for return of the items while they are still in your possession, you must give the items back and cannot condition it on reimbursement of the costs you incurred. If you want to pursue your claim for reimbursement of costs, you can do so at another time, i.e., in a lawsuit, along with your other claims for unpaid rent and damage to the premises.

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Answered on 3/19/07, 8:39 am


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