First rule of thumb: Get it in writing

RENTING AND THE LAW KELLY KLEIN

Q I have a renter who wanted to buy the house she had been renting from me. She has lived there for more than a year and has always told me she wanted to buy the house when she was ready. Not a month has gone by that I haven't had to call and ask her for the rent, and I even allowed her to go one month rent-free so she could get her finances in line to buy.

She is now more than a month late on her rent and has told me, which I already figured out, that she can't afford the rent and is going to have to move. I went to the house that she is renting and left a notice of eviction. No one was home at that time. I called her at work and was told she was out of town until Jan. 26. Her boyfriend has called me and told me that she is in jail in Colorado. He has been taking her furniture out of the house for her. What are my legal rights as a landlord? Can I have him, the boyfriend, move her things out? Should I move the furniture into the garage or a storage unit so that I can paint and ready the home for sale or rent? What rights do I have with no money coming in and a mortgage payment due?

A First, if you are contacted by the tenant either in writing or by phone, where she indicates that she has abandoned the property and/or is moving out, then you can go ahead and store the property. If you go ahead and change the locks and store the property, she may have a claim against you for lock-out. So, you should require that she provide you something in writing before you proceed, so you have something for your records. If she is really in prison, tell the boyfriend she needs to contact you by phone or letter.

Second, unless the tenant acknowledges to you that the boyfriend has permission to take her belongings, then you should refrain from agreeing or consenting to the removal of the property. You should tell him that you can't authorize him taking the property. Again, you may want to memorialize this in writing, so you have this for your records. If she sends you a letter saying that he is authorized to move the belongings, then that would be good enough to grant access. If she has given him a key, and you don't have anything in writing, there is little you can do, other than refusing to authorize the removal.

Third, you can store her belongings in a safe place on the property or in a bonded storage facility. You will want to document on an itemized list exactly what is being stored. Minnesota Statute 504B.271 outlines your rights and responsibilities, but basically, you are required to store any abandoned property for 60 days.

You cannot withhold the property in exchange for rent. If the tenant gives you a written demand for the property, you must make it available. You have a claim against the tenant for the costs of storage, but there is no consensus as to whether you can require the tenant to pay storage costs in order to reclaim the property. The risk of demanding storage fees is clearly outweighed by the penalties for refusal to turn over the property.

Prior to the sale, you must make reasonable efforts to notify the tenant of the sale at least 14 days before the sale, by personal service in writing or sending written notification of the sale by certified mail, return receipt requested, to the tenant's last known address, if known by the landlord, and by posting notice of the sale in a conspicuous place on the premises for at least two weeks. If she doesn't show up to claim the property at that time, you may dispose of it. Then, you may apply a reasonable amount of the proceeds from the sale to the removal, care, and storage costs and expenses or to any claims authorized under Minnesota Statute 504B.178, subdivision 3(a)&(b), which includes any outstanding rent the tenant owes you. If there are any remaining proceeds left after that, it must be paid to the tenant upon written demand.

If the tenant refuses to contact you, and you want the property vacated, you will have to bring an eviction action. Personal service will have to be made at the property via posting. You should also mail a copy to her in Colorado if you can find that address. After you obtain the writ, you may then change the locks and store the property as outlined above.

Q There are many websites offering background checks. How do you determine which are valid?

Are there sites that can do individual background checks for single-property landlords?

Some groups want you to own a minimum of 100 units and a membership fee. We want to rent our townhome and the association requires documents of background checks.

A I don't know a lot about rental background checks. The company that many landlords seem to use in Minnesota is called Rental Research. I am not affiliated with this company in any way. They definitely seem to do a good job for the landlords. From their website, it doesn't appear they require any particular minimum number of ownership units. Other than that, I don't know of any others.

Kelly Klein is a Minneapolis attorney. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not con- fidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, post your questions at www.star tribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.

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