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I rent from my dad and he has a roommate that lives

Customer Question
I rent from my...

I rent from my dad and he has a roommate that lives downstairs in the basement and does not wear pants in a cold basement; cranks up the heat while he's not home which raises the heat very hot upstairs. I have 2 dogs and one keeps getting sick and vommitting all over my room upstairs. We've asked him many times to wear pants and he refuses to do so. Is there anything I can do to proceed with eviction papers being served to him if continues to do this?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has any paperwork been filed?

Nope. Not yet. This tenant has lived here for almost 6 years even though I've only lived here for about a year and 3 months. He's probably been doing this the whole time he's lived here

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I asked my father and he said no.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
12/5/2017
Real Estate Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,321
Experience: 30 years of real estate practice experience.
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Does the roommate have a written fixed term lease in effect? Is your father willing to terminate his tenancy and evict him?
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Real Estate Lawyer: Loren, Lawyer replied 4 months ago
Since your father is the landlord, he would have to be the one to terminte the tenancy of the roommate and evict him. It is not something which you, as a tenant, could do.
Your remedy would be to sue the roommate for nuisance. That is a lawsuit where you seek damage for someone interfering with your use and enjoyment of your property. You can bring that action as a tenant, against another tenant.
Since the claim does not exceed $15,000 you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
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Real Estate Lawyer: Loren, Lawyer replied 4 months ago

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Category: Real Estate Law
Satisfied Customers: 37,321
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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