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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100053
Experience:  Attorney
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I own a house in Baxter, MN. I have moved out of the house,

Customer Question

I own a house in Baxter, MN. I have moved out of the house, my sons still live there and pay rent. I also have 3 other tenants living there. I have not registered this as rental property with the city. I still have some of my personal belongings as I consider this as room rental versus house rental. I would like to evict one of the tenants and need advice as to how I can legally do this as she did sign a year long lease.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your situation. Can you please tell me:

1) What is the reason for the eviction? Did she stop paying rent? Or, why do you need to evict the tenant?

2) What exactly do you wish to know about the process?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
She is rude, disrespectful, making and selling cigarettes out of the garage and I have seen marijuana in the garage. Unfortunately she is always on time with her rent. Two of the other people living there do not like her and want her out also. I know the process for evicting someone. I am of the understanding because I have not registered this property with the city as rental property, I cannot use the eviction process.
Expert:  Ely replied 11 months ago.

Thank you.

It is not that a landlord cannot use the eviction process. However, if the property is not registered, then the landlord may be slapped with a fine for not having a proper permit/certificate/license for the tenancy. So that may be the primary issue there. However an eviction may still be done if needed.

According to MN, a landlord may evict due to:

  • Unlawful controlled substances in the premises or common area
  • Unlawful use or possession of a firearm
  • Stolen property in the premises or common area
  • Prostitution
  • Criminal gang activity
  • Nonpayment of rent
  • Lease contract violation

Being rude is not enough to be evicted. Nor is smoking (unless smoking is prohibited). But marijuana use is illegal, and thus, may be grounds for eviction. The problem is proving it. Assuming the landlord feels they have a case, they can give a 14 notice in writing to the tenant to leave due to marijuana being on the property, and if the tenant does not leave, they can be evicted via the Court.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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