Re: Move-In Before Evicting Tenant - Landlord Forum thread

Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @12:55

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	[ Reply ]

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?

Re: Move-In Before Evicting Tenant by Jake on June 15, 2012 @14:16	[ Reply ]

You need to go down to the police station and tell them of your plan to enter a residence illegally and occupy it. They get nuts like you all the time and can explain it all to you in a way you can understand.

Re: Move-In Before Evicting Tenant by John (MN) on June 15, 2012 @14:30	[ Reply ]

Gee Jake...thanks for the productive contributions to the post. ;)

Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @15:01	[ Reply ]

The police would support the tenants who are in possession of the property because they are not going to read a lease and settle a civil matter and a tenant who refuses to move is not considered criminal. However, if the tenant calls the police if you decided to start moving yourself in, then the police would force you out as an intruder. You currently do not have the legal right to live there. Just because the lease ends, the LL does not have any right to force possession of the unit by moving himself in. If you are going in there without consent, then it isn't peacefully because the other party isn't in agreement. If your current landlord quietly entered your home now, without yelling or cursing, and moved his bed, clothes, furniture, etc and set up residence, displacing your use of the unit, would you consider it ok just because he didn't make a fuss? Until the keys are handed over or you have a court issued document that possession has been transferred back to you, your hands are tied. Just because the expiration of the lease passes it doesn't give the landlord leave to do whatever he wants, however he wants. That's why there are eviction courts and procedures set up. The tenant will argue that by you moving your stuff in, you are trying to force them out by making them live with you. It could be argued as constructive eviction. You are restricting the tenants' right to privacy and access to the property by placing your stuff and yourself in a living situation with them and thus, they cannot use the property in peace without you hovering over their shoulder which they did not give you leave to do. You have the right to peacefully occupy your property once you legally have possession of it. Until then, it's in the tenant's hands and for all intents and purposes, the law especially the police are going to side with the tenant. Don't antagonize your tenants by threatening them that you will just move in or try to force them to pay double rent upfront or force them to put money in an escrow account for your moving expenses. You are just forcing them to dig in their heels just to prove a pointless point. Try to work something out at your current residence or find a month to month rental or a friend with extra room for you as a back up in case the tenant decides to force you to go to court. Go after the tenant afterwards for any expenses you incurred after you have incurred them.

Re: Move-In Before Evicting Tenant by Anonymous on June 15, 2012 @16:04	[ Reply ]

Thank you very much for the thoughtful response and what you recommend is probably what I will end up doing? I do agree that if I were a tenant with a valid lease, I would be very upset if my landlord came in and moved into the unit I occupy. However, if this event were to happen, I could call the police and show that I "own" the "leasehold rights" to the property which provide me legal rights that restrict the landlord from moving into the property. If the lease were expired, I may still be upset if the landlord did the same thing, but in this scenario, I would not own the leasehold rights that would give me a legal right to restrict the landlord from occupying the property. Even though state statute protects me from "constructive eviction," I do not see where I (as the tenant in the latter scenario) would have any legal basis to restrict access to the owner, after the lease has expired.

Re: Move-In Before Evicting Tenant

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