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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37027
Experience:  Texas Attorney for 30 years dealing in real estate
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If tenant 1 is afraid of tenant 2 then tenant 2 is evicted.

Customer Question

If tenant 1 is afraid of tenant 2 then tenant 2 is evicted. Does the landlord have an obligation to keep tenant 2 away from the property?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.
Hi and welcome to JA. Ray here to help you tonight. Yes Tenant 2 can be arrested for trespassing if he returns.If you observe this call the cops and report him as a trespasser here.The police tell the person when they evict them that if they return they will be charged.And they will do so. Report this here the police should arrest them. 2015 Minnesota StatutesResourcesChapter 609Section 609.605Search Minnesota StatutesAbout Minnesota Statutes2015 Table of Chapters2015 Statutes New, Amended or Repealed2015 Statutes Topics (Index)Table of SectionsFull Chapter TextVersion ListTopicsArrestsBias CrimesBuildingsCemeteriesConstruction (structures)CrimesDomestic AnimalsEmergenciesFarm LandsFruitFruit TreesHarassmentManufactured HomesMiningMonumentsPeace OfficersPoultry and Poultry ProductsRoofsSchool Buildings and GroundsSchool PrincipalsSheltersSigns and SignalsThreatsTrespassRecent History2009 Subd. 1 Amended 2009 c 123 s 142009 Subd. 1 Amended 2009 c 59 art 5 s 152005 Subd. 1 Amended 2005 c 136 art 17 s 412005 Subd. 4 Amended 2005 c 136 art 17 s 422004 Subd. 5 New 2004 c 254 s 461995 Subd. 4 Amended 1995 c 226 art 3 s 481994 Subd. 1 Amended 1994 c 465 art 1 s 60609.605 TRESPASS.Subdivision 1.Misdemeanor.(a) The following terms have the meanings given them for purposes of this section.(1) "Premises" means real property and any appurtenant building or structure.(2) "Dwelling" means the building or part of a building used by an individual as a place of residence on either a full-time or a part-time basis. A dwelling may be part of a multidwelling or multipurpose building, or a manufactured home as defined in section 168.002, subdivision 16.(3) "Construction site" means the site of the construction, alteration, painting, or repair of a building or structure.(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the person on whose behalf a building or dwelling is being constructed, altered, painted, or repaired and the general contractor or subcontractor engaged in that work.(5) "Posted," as used:(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches by 11 inches in a conspicuous place on the exterior of the building, or in a conspicuous place within the property on which the building is located. The sign must carry a general notice warning against trespass;(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches by 11 inches in a conspicuous place on the exterior of the building that is under construction, alteration, or repair, or in a conspicuous place within the area being protected. If the area being protected is less than three acres, one additional sign must be conspicuously placed within that area. If the area being protected is three acres but less than ten acres, two additional signs must be conspicuously placed within that area. For each additional full ten acres of area being protected beyond the first ten acres of area, two additional signs must be conspicuously placed within the area being protected. The sign must carry a general notice warning against trespass; and(iii) in paragraph (b), clause (10), means the placement of signs that:(A) carry a general notice warning against trespass;(B) display letters at least two inches high;(C) state that Minnesota law prohibits trespassing on the property; and(D) are posted in a conspicuous place and at intervals of 500 feet or less.(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative of a building trades labor or management organization.(7) "Building" has the meaning given in section 609.581, subdivision 2.(b) A person is guilty of a misdemeanor if the person intentionally:(1) permits domestic animals or fowls under the actor's control to go on the land of another within a city;(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate a point of a boundary, line or a political subdivision, or of a tract of land;(3) trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor;(4) occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation;(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or vegetables growing on the premises, without the permission of the owner or occupant;(6) enters or is found on the premises of a public or private cemetery without authorization during hours the cemetery is posted as closed to the public;(7) returns to the property of another with the intent to abuse, disturb, or cause distress in or threaten another, after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;(8) returns to the property of another within one year after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;(9) enters the locked or posted construction site of another without the consent of the owner or lawful possessor, unless the person is a business licensee;(10) enters the locked or posted aggregate mining site of another without the consent of the owner or lawful possessor, unless the person is a business licensee; or(11) crosses into or enters any public or private area lawfully cordoned off by or at the direction of a peace officer engaged in the performance of official duties. As used in this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other means conspicuously placed and identifying the area as being restricted by a peace officer and identifying the responsible authority; and (ii) "peace officer" has the meaning given in section 626.84, subdivision 1. It is an affirmative defense to a charge under this clause that a peace officer permitted entry into the restricted area. I appreciate the chance to help you tonight.Thanks again.

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