Minutes of Headwaters Landlord Association General Members Meeting
Date: January 16, 2014
Opening:
A general meeting of the Headwaters Landlord Association was called to order at 7:03 p.m. on January 16, 2014 at Beltrami Electric, Bemidji, MN by President Harry Aylesworth.
Board members in attendance:
Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth, Dave Kaufman, Lorrie Richardson, Duane Sea
Board member not in attendance:
Jeff Grabowski
Welcome:
Harry welcomed all members to the meeting and thanked them for attending. The board members were introduced. Harry (president), Kathy (vice-president), Dave (secretary/treasurer), Andrew (board member/chief communicator), Duane (former president/board member), Terry (board member)
Treasurer report:
Dave gave an update of the Treasurer’s report. There is a balance of $3,219.48. We have currently 51 members of the HLA.
Old business:
None discussed.
New business:
Presentation by MJB Home Center:
Kathy introduced Dave Smith, new owner of MJB Home Center located at 418 Beltrami Ave. MLB Home Center is a vendor that supports HLA. MJB offers the Whirlpool family of products (MayTag, Jenn-Air, KitchenAid and Amana). MJB offers quick customer service. They are a full service store that carries a lot of inventory and can even store customer’s appliances in their basement. MJB has an appliance repair shop where they work on Whirlpool and any other brands when you bring them into the shop. They also offer Mr. Appliance services where they will go to the site and fix the appliance. MJB stocks parts or will have them next day. They also offer coin-operated laundry machines. They have used and “dinged” appliances for sale. MJB also sells lawn equipment and snow removal machines (Snapper, Hustler). Everything that they carry is all American made products.
Bemidji Township Rental Ordinance:
Kathy owns a rental in Bemidji Township and received a letter notifying her that her non-homesteaded properties were required to obtain a rental permit not later than June 15, 2014. The permit application is $250.00. It is stated there must be an electrical, septic, plumbing and building inspection completed by a “licensed and certified inspector” every five years. It is unclear who a “licensed and certified inspector” is. There is an inspector that Lorrie used in the past that is “licensed and certified”. Contact information for him is Jeff Fagerstrom P.O. Box 421 Thief River Falls, MN 56701 and phone number is 218-681-2340. If there are any issues that arise in these inspections the rental owner is required to have these issues fixed with supporting documentation. The ordinance also states a site plan to scale, fire escapes and a garbage disposal plan must be provide by the landlord as well as a copy of the lease/rental agreement. The township will inspect the property after the application and inspection reports are submitted and then the township board must approve each rental permit application. Any violations by the rental owner must be corrected in 30 days and if there is a need for removal of the tenant the rental owner is responsible for the cost to relocate the tenant. This seems oppressive and expensive. The township cannot even answer questions regarding the ordinance. There is not a township administrator listed on their website. The township clerk has now stated, the township board will not be moving forward on the matter until June 1st and a new deadline will be set. If you are buying property in Bemidji Township this should be disclosed to you, but may not be? It was agreed to have a further discussion of this issue after the next presentation.
Jeremy Klinger:
Kathy introduced Jeremy Klinger of Drahos, Kieson & Christopher P.A. located at 502 24th Street NW in Bemidji. Their phone number is 218-444-1750. Jeremy studied undergraduate at University of Miami and went to law school at UND. He has been practicing for five years in general practice. Jeremy is here to give specific information on unlawful detainer and the eviction process. A landlord cannot force a renter out. A writ of recovery with the reason to evict must be obtained after the tenant has violated the lease. The next step is to file an unlawful detainer with the courts. The cost to file is $322. Minnesota costs to file are one of the most expensive in the nation. An unlawful detainer is an action to recover real property. It does not recover back rent. If you wish to recover back rent this is done in conciliation court. The summons is served seven days before eviction. There is a hearing where you must prove the reason for eviction. The tenant will either agree or request a trial which could even be a jury trial. The landlord will prove rent has not been paid or whatever breach of the lease and a judge will order a writ of recovery with a time limit on when the tenant must vacate the property. The sheriff can forcibly remove the tenant from the property to recover possession. Personal property left on site can be stored on the rental site or the tenant is required to pay for suitable storage of their belongings. If the property is clearly abandoned in 28 days you are allowed to sell or dispose of the property but the tenant can get the proceeds from the sale after the storage costs have been paid. There is a process for expedited eviction where the county attorney can evict due to illegal activity. In the case of a contract for deed eviction, you must file a cancellation at the recorder’s office and after 60 days the contract for deed will be terminated. Make sure you do not evict out of retaliation. If a tenant repeatedly complains that is not a reason for eviction, there must be a material breach of the lease agreement. If you have a “squatter” living in your property and it is a clear trespass, the sheriff should be called. If it is not a clear trespass, you will have to go through the eviction process. The law office charges $195.00 per hour and it is recommended to have an attorney present during the eviction process. If your rentals are owned by a corporation or an LLC, the company must be represented by an attorney. Top reasons a landlord will lose is if a landlord accepts rent after the eviction has been filed or a lack of preparedness. Prove that your tenant has not paid rent by keeping a general ledger. A sheriff, professional server or a party unrelated to the owner of the rental (cannot be a property manager) must serve eviction papers to the tenant. An owner can serve a notice of nonpayment or lease cancellation but not the eviction summons after the action is filed in court. Robert Bush (HLA member) is going through the eviction process now for the third time with the same tenant. Each time the tenant shows up with the money owed. Now there is a counter claim stating the rental is inhabitable. Make sure to get complaints in writing or state in your lease that all complaints must be submitted in writing and respond to all complaints. In your lease there should be a bold paragraph stating that any breach of this lease is a material breach. Have the tenant initial next to the paragraph for better protection against a counter claim. Late fees can be collected in a small claims action up to 8% of the total owed.
Conclusion and questions:
There is concern regarding therapy pets and how this should be handled when the lease clearly states that no pets are allowed. Tenants receive letters from their doctors stating that they are required to have a therapy pet for their emotional and mental health. You cannot contest this because it goes against the disability act. The laws are still developing concerning therapy pets and this is something HLA will continue to keep up on.
Rental owners are not being notified by law enforcement regarding disturbances at their property. HLA members want to be notified.
HLA should be aware of the agendas of the township meetings. If there is any mention of a rental ordinance, a member of HLA should attend.
There will be another general members meeting in mid- April. No firm date set. Members will be notified by email when it is set.
Adjournment:
The meeting was adjourned at 8:43 pm