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Re: Move-In Before Evicting Tenant
by Jake
on June 15, 2012 @12:12
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You will be arrested and possibly beaten by the tenant before a restraining order put on you.
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Re: Move-In Before Evicting Tenant
by John (MN)
on June 15, 2012 @12:24
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That sounds great...but do you have anything to support your claim that I would be arrested and have a restraining order put on me?
The law clearly restricts my ability to "remove" the tenant, but I don't see anything anywhere that restricts MY legal right to move into the property.
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Re: Move-In Before Evicting Tenant
by Anonymous
on June 15, 2012 @12:55
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504B.281 FORCIBLE ENTRY AND UNLAWFUL DETAINER PROHIBITED.
No person may occupy or take possession of real property except where occupancy or possession is allowed by law, and in such cases, the person may not enter by force, but only in a peaceable manner.
504B.211 RESIDENTIAL TENANT'S RIGHT TO PRIVACY.
Subdivision 1.Definitions. For purposes of this section, "landlord" has the meaning defined in section 504B.001, subdivision 7, and also includes the landlord's agent or other person acting under the landlord's direction and control.
Subd. 2.Entry by landlord. Except as provided in subdivision 5, a landlord may enter the premises rented by a residential tenant only for a reasonable business purpose and after making a good faith effort to give the residential tenant reasonable notice under the circumstances of the intent to enter. A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant's right to prior notice of entry under this section as a condition of entering into or maintaining the lease.
Subd. 3.Reasonable purpose. For purposes of subdivision 2, a reasonable business purpose includes, but is not limited to:
(1) showing the unit to prospective residential tenants during the notice period before the lease terminates or after the current residential tenant has given notice to move to the landlord or the landlord's agent;
(2) showing the unit to a prospective buyer or to an insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes;
(5) the residential tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the residential tenant is violating the lease within the residential tenant's unit;
(7) prearranged housekeeping work in senior housing where 80 percent or more of the residential tenants are age 55 or older;
(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or
(9) the residential tenant has vacated the unit.
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Re: Move-In Before Evicting Tenant
by Anonymous
on June 15, 2012 @14:10
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I thank you for the reply with reference to specific statutes.
While the law is clear that I would be in violation if I entered the property by force; after the termination of the lease, don't I have the legal right to possession of the property? If we called the police to settle a disagreement of who has the right to occupy the property, would the law support ME to peacefully move into the unit?
Just to be clear, I am not trying to remove the tenant from the property. If they choose to leave because I am there, that would be their choice. However, wouldn't it be my legal right to peacefully occupy (co-occupy) the property after the lease expires? If the police were called, I know they could arrest me if I was trying to restrict the tenants access to the property, but how could they tell me that I don't have a right to peacefully occupy MY property?
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