Picture
Can a landlord evict a tenant for illegal activities?  For example, what can the landlord do if the tenant uses, sells, possesses, or manufactures illegal drugs in the rental unit?  What if the tenant assaults someone, such as another tenant or guest, in the rental unit?  Can the landlord evict a tenant who stores stolen property on the premises?

The short answer is yes, the landlord can bring an eviction action, but only if there is proof that the tenant has engaged in certain illegal activities.  In Minnesota, Minn. Stat. 504B.171, subd. 1 says that neither the landlord or tenant will:

(i) unlawfully allow controlled substances in [the rental] premises or in the common area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of the premises; or
(iv) allow stolen property or property obtained by robbery in those premises or in the common area and curtilage of the premises; and
(2) the common area and curtilage of the premises will not be used by either the landlord or licensor or the tenant or licensee or others acting under the control of either to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152.

0Minn. Stat. § 504B.171, subd. 1, emphasis added.

In other words, the activities in bold print are prohibited, and grounds for eviction.  Here is a short list of prohibited activities:

1. controlled substances
2. prostitution or prostitution-related activity
3. unlawful use or possession of a firearm
4. possession of stolen property

These are the only illegal activities that are prohibited by statute, so a tenant cannot be evicted under this statute for engaging in an a crime not on this list.  However, many leases and tenant rules prohibit other conduct.  If a tenant's conduct violates the terms of the lease or rules, that violation is grounds for eviction as well.  For example, if a lease prohibits "assaultive behavior," and the tenant assaults another tenant or guest, that might be grounds for eviction.

I say might because the landlord must prove that the prohibited conduct occurred.  In a civil action such as an eviction, the landlord must prove that prohibited conduct occurred by a preponderance of the evidence.  That means that the landlord must prove that is more likely than not that the prohibited conduct occurred.

What is sufficient proof?  A conviction, either resulting from a guilty plea or trial, will almost certainly be sufficient because the underlying facts will either be admitted or proven beyond a reasonable doubt..  If a tenant is charged with a crime, that may be sufficient because a prosecutor found probable cause to believe that the tenant had committed a crime.  Police reports and complaints for neighbors are good, but may not be sufficient to prove prohibited conduct in and of themselves.

If a landlord suspects that a tenant is engaged in illegal activity, or receives complaints from neighbors, I would recommend calling the police and filing a police report.  Landlords should encourage neighbors who complain about a tenant's behavior to call 9-1-1 instead of reporting the tenant to the landlord later, after the fact.  If neighbors call the police immediately, the police may catch the tenant doing something illegal.

Baland Law Office, P.L.L.C. represents both landlords and tenants in eviction actions, and in other litigation related to the landlord-tenant legal relationship.  Please call (763) 450-9494 to schedule an appointment to discuss your situation today!

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.

 


Comments

Thanks for this amazing article. You have shared good insights and experience. It’s an interesting article to read.

Reply
08/23/2014 2:33am

Your write-up is very helpful. I cant wait to read more from you. This is really a great blog.

Reply

really very interesting for reading.....

Reply
10/09/2014 2:18am

It was a great read. Consuming illegal drugs causes addiction and dangerous to health. The person who is engaged in illegal activities or selling the illegal drugs should be punished severely.

Reply

The process of education is very comprehensive and productive for all segments of society. The poor classes of society can benefit more from the system of education. Good and quality education can ensure good financial positions through the attainment of job.

Reply
Jack
05/18/2015 10:40am

The one issue not covered by the article is how long it would take to get the offending tenant out. If the tenant is caught w/ illegal substances on the premise does the landlord have to go through an entire 3-month eviction process or is immediate eviction allowed? Same with prostitution or actually any of the four situations mentioned above.

Reply
12/18/2015 12:31am

That was an appreciable post.

Reply
12/18/2015 12:32am

I would like to read more posts on this blog.

Reply
12/18/2015 12:34am

Thanks for sharing an post with us.

Reply
01/03/2016 6:08am

The theme is very interesting to me see, with the information in here could make me greater insight, nice post

Reply
02/24/2016 4:46am

Attract the best tenants by requesting credit reports. Then use our site to create a lease in a few short and simple steps.

Reply
04/04/2016 7:55am

Excellent blog post show us and also this blog site is excites more individuals to reviewing that blog.

Reply
06/05/2016 12:56pm

Meredith’s sister Stephanie, who was named Cosmopolitan’s Woman of the Year in 2012, showed typical composure when she was forced to speak out in response to Knox’s macabre July request to be taken to Meredith’s grave by the family, for her personal ‘closure’.

Reply

I'm really inspired with your writing abilities and also with the layout in your weblog. Is that this a paid subject or did you customize it yourself? Either way keep up the excellent quality writing, it is uncommon to peer a nice blog like this one nowadays.

Reply
07/27/2016 12:36am

I like design site this
visit also my web

Reply
08/13/2016 2:33pm

The doom that comes with a drug addiction is the main reason that drug and alcohol abusers realize that they need to kick the habit and become sober. A drug addiction can be financially, mentally, socially, and spiritually crippling. It can ruin relationships and cause many health problems. If you or your loved one are serious about stopping the use of drugs a drug treatment center can help you in your desire.

Reply
08/30/2016 11:11pm

I very much agree with what you say in this article, it is very interesting, I'm a lot of knowledge here.

Reply
09/10/2016 4:33am

There are a significant measure of live online diaries related to help in your science assignment. In no time understudies need not to push over kind of gatherings for their science homework assignment.

Reply
09/16/2016 11:07am

Thanks For Sharing Information it is realy very great post I Appreciate That Thank You

Reply
09/16/2016 11:11am

Reply

I have to voice my passion for your kindness giving support to those people that should have guidance on this important matter.

Reply
10/04/2016 1:51pm

Nice Stuff Keep The Post

Reply
10/10/2016 3:11am

Great Job. Really enjoyed reading your blog posts. Thanks for sharing useful information. keep sharing like this so i can keep myself update through this blog.

Reply
10/12/2016 6:07am

Thanks.

Reply
10/22/2016 3:52am

<a href="http://www.jualvimaxaslidibatam.com //">Jual Vimax Asli Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com//">Vimax Asli Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com//">Jual Vimax Asli Canada Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com//">Jual Vimax Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com//">Agen Vimax Asli Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com//">Vimax Asli Batam</a>
<a href="http://www.jualvimaxaslidibatam.com//">Vimax Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com//">Agen Vimax Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com/jual-vimax-asli-di-batam-agen-vimax-batam//">Toko Vimax Asli Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com/jual-vimax-asli-di-batam-agen-vimax-batam//">Alamat Toko Vimax Di Batam</a>
<a href="http://www.jualvimaxaslidibatam.com/jual-vimax-asli-di-batam-agen-vimax-batam//">Vimax Batam</a>

Reply
10/28/2016 4:32am

What a video it is! Actually amazing and fastidious quality, please upload more movies having such good quality. Thanks.

Reply
11/04/2016 6:00am

you can see it takes a toll on your mental health and overall well-being.

Reply

Some historians believe that alcohol is the oldest mind altering substance used by man. Its use is prevalent in human history. In the United States, we have 18 million alcoholics.

Reply
01/27/2017 11:51pm

Whether drug or alcohol addiction is an incurable disease or a personal choice has been argued for years. Regardless of the philosophy what is important is finding a drug rehab facility which offers effective solutions to end addiction. In the most effective form of drug and alcohol rehabilitation patients are viewed as making decisions to use drugs and alcohol because of some sort of problem in their life.

Reply

Very Good. Nice discussion here, you are doing a great job. i was looking for this information. i found it on your page it's really amazing. AJS umbrella

Reply
02/14/2017 12:11am

Really inspirational to hear someone pursuing their dreams and becoming successful instead of following the traditional path. I have read your article about This topic. I think it's good and impressed to know your service. Thanks for share this Information.

Reply
02/16/2017 8:55am

A gay drug rehab can provide quality addiction treatment for some segments of the gay population. The problem is that so many people leave gay addiction treatment or gay drug rehab not having dealt face to face with the heterosexual world.

Reply
02/18/2017 12:51am

Is it accurate to say that you are sexy love-monger looking for fascinating approaches to satisfy your charisma? On the off chance that yes, Mumbai escort would your correct decision. Gurgaon escorts office guarantee some additional advantages which are normally phenomenal with the other Indian escorts. Countless Escorts , TV performers and Bollywood on-screen characters have begun functioning as free escorts Gurgaon. They have taken escorts benefit as their low maintenance work for satisfying sexy appetite and acquiring some measure of cash for it. This has increased present expectations of incredibleness in gurgaon escorts organization Furthermore, the association of working ladies has given the business a noteworthy lift.

Reply

Graceful written content on this blog is really useful for everyone same as I got to know. Difficult to locate relevant and useful informative blog as I found this one to get more knowledge but this is really a nice one.

Reply
03/04/2017 12:06am

Landmark Pallavaa is a pleasant Beach Resort in ECR road with the facility of deluxe rooms,beach view suites,special suites and budget rooms with world class amenities and facilities.

Reply

Very Good. This is an excellent post I seen thanks to share it. It is really what I wanted to see hope in future you will continue for sharing such a excellent post. truk

Reply

Whether it began as a weekend drinking routine or a dependence on prescribed anesthetics, an addiction is one of the reasons why the lives of many teens, adults and even women are worthlessly ruined. Putting up a fight against this problem is not easy, but is attainable. The initial step towards recovery is to seek addiction treatment from health experts.

Reply
03/28/2017 4:12pm

Exercises are increasingly becoming components of many drug addiction treatment therapies and programs. It has come out very effective once combined with therapies of cognitive behavior in forms of smoking cessations.

Reply
04/07/2017 10:37am

Expending unlawful medications makes habit and perilous well being. The individual who is occupied with unlawful exercises or offering the illicit medications ought to be rebuffed seriously.

Reply
04/07/2017 4:30pm

Activities need aid progressively turning into parts about large portions drug enslavement medication therapies Furthermore projects. It need turn out exceptionally successful once joined together for therapies of cognitive conduct technique Previously, types of smoking auto cessations.

Reply
04/08/2017 5:51am

Elite Delhi Escorts is a highly efficient and a very well-organized escort agency providing female escorts in Delhi for out calls.

Reply
04/11/2017 2:43am

you have arrived to the ideal spot. We are best and cheap escort Agency in Gurgaon, who can provide best in class escorts services. Our delightful organization is the best that you will discover anyplace and will give you awesome client satisfaction. Finding the right woman, paying little respect to the event,

Reply
04/12/2017 1:14pm

It was a great read. Taking unlawful medication causes habit and threatening to health. The person who is involved in unlawful actions or selling the unlawful medication should be penalized seriously

Reply

Exclusive independent female Delhi escorts . Search Vip escort girls by location, by reviews or price range. Outcall and incall services.

Reply



Leave a Reply