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    lakeforlife's Avatar
    lakeforlife Posts: 2, Reputation: 1
    New Member
     
    #1

    May 9, 2007, 09:32 PM
    Non-payment of rent
    We own a rental property in North Dakota, we live in Iowa. We had a 1 year lease with our last renters. They gave us a 2 week notice in their 7th month that they were moving and hadn't paid the current months rent. We were able to rent the property by the 1st of the month (May) but kept getting the run around from the last renters about paying the rent they owed. Examples of excuses: the employer was going to cover the rent because they were being transferred, the check got mailed to the wrong address, one place was suppose to cover the rent, but decided the new place should and we should get it soon... Can we still collect from them and if so, how do we go about it? We have left 2 messages for them to get in touch with us and they are ignoring the messages.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 10, 2007, 06:34 AM
    Hello lake:

    You filed your question under small claims... Is that because you know that's your answer?? I think so.

    excon
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    May 11, 2007, 08:19 AM
    Hello again:

    How do you go about it? You probably have to file in N. Dakota, and you'll have to be there in person.

    Maybe you should buy a rental closer to you. It's easier to manage and you can sue them in your local courthouse.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 11, 2007, 09:54 AM
    Yes you will have to file in the area where the rental house is, but if you use a rental agent in most cases they can file for you and represent you as your agent.
    lakeforlife's Avatar
    lakeforlife Posts: 2, Reputation: 1
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    #5

    May 11, 2007, 12:10 PM
    Quote Originally Posted by excon
    Hello again:

    How do you go about it? You probably have to file in N. Dakota, and you'll have to be there in person.

    Maybe you should buy a rental closer to you. It's easier to manage and you can sue them in your local courthouse.

    excon
    First of all, we have tried relentlessly for the past 6 years to sell this place (a mobile home in great condition). We bought it new and then got relocated at the last minute so had to put it up for sale and when we couldn't sell it, we decided to rent it out. We NEVER wanted to be landlords!! :eek:
    I did call the court house in Grand Forks and they told me what you are saying that I have to file in ND. They said I need to know their address so that they can be served. Can they be served at their job? I don't know their home address but I do know where one of them works.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #6

    May 11, 2007, 12:35 PM
    Hello again:

    Sure - work is fine. Any way you get the summons in their hands is good enough. You can't serve the summons yourself, though. You'll need to have a process server. You can serve it via certified mail, but they can just refuse to accept it.

    I figured that was the case. Nobody likes being a long distance landlord. Try selling it on a contract for sale next time. It's a match made for you. You're going to be selling your un-sellable mobile home to someone who can't get a mortgage anyway. It's a deal everybody can love. Most importantly, you'll be much better protected.

    Once you extricate yourself from this mess, I'll tell you how to do it. Better yet, Fr. Chuck does it all the time. If you just went back to read his posts, you'll learn a lot about it.

    excon

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