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    shawnareiman's Avatar
    shawnareiman Posts: 4, Reputation: 2
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    #1

    Jul 2, 2011, 11:38 AM
    Tenent rights - who can be on property
    A few nights ago one of our friends got into a fight while at his girlfriends house and the other person was pretty badly beat up. He has offered to pay all damages to the building and made amends with the other person. Our landlord is now trying to get a court order to not allow both our friend and his brother on the property, is this possible? How can you prevent us from having friends over? (Minnesota)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 2, 2011, 11:51 AM

    Friends ? They fight, beat up someone and damage the property.

    You may want to consider better friends.

    But yes, he can get a restraining order to keep him from coming onto property he owns. Actually he really just needs to give them a tresspass warning, not to return, this is done in apartment complexes all the time, and then if they return, they can be arrested for tresspass
    shawnareiman's Avatar
    shawnareiman Posts: 4, Reputation: 2
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    #3

    Jul 2, 2011, 11:55 AM
    Its a lot of unnecessary drama, Im fully aware. But if the person that got beat up isn't pressing charges and the building gets fixed what exactly is the problem? And his brother that wasn't even there? How to they restrict him from the property?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 2, 2011, 11:57 AM

    They just tell him not to come back on the property. If he does, the property owner can have him arrested. A restraining order is better but not really needed.

    And he can do it because he owns the property and has the responsibility to provide safety.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 2, 2011, 02:58 PM

    I'm a little confused. This incident occurred at your friend's girlfriend's house? Do you live there as well, since you referred to "our" landlord.

    But Chuck is correct. The landlord has the right to protect his property. If he perceives someone is a danger, he can prevent access.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Jul 2, 2011, 06:45 PM
    Many of us here own houses and also are or have been landlords. 'Drama,' and 'what is the problem?'

    Fights turn into everything from expensive broken structures to fire, murder, and lawsuits for negligence from families who don't know who else to blame. Minors and alcohol might be involved. Neighbors get angry at the LL. Towns slap fines on them. New ordinances get passed. Not that bad, you say? How does the LL know it won't be, next time? He doesn't.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jul 3, 2011, 06:43 AM
    Quote Originally Posted by shawnareiman View Post
    ... if the person that got beat up isnt pressing charges and the building gets fixed what exactly is the problem? ...
    The problem is that the LL doesn't want him there. LL doesn't need any reason. It's LL's property, subject to the tenants' rights. Tenants' rights don't include the right to have undesired persons over. Simple as that.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Jul 3, 2011, 07:11 AM

    Hello s:

    I'm going to disagree with my learned friends... I believe the only recourse the landlord has is to evict the leaseholder... HE wasn't a victim, so I don't believe he has standing to file for a restraining order.

    Yes, the premises was damaged. But, while a lease is in effect, the lessee is responsible for repairs..

    I'm certainly willing to be wrong.

    excon
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