[Kailes]

My boyfriend allowed his friend to rent the basement in our house. He stopped paying rent months ago and my boyfriend continued to let him stay. Recently they got into an altercation over drug paraphernalia that the renter had in our garage and the renter called the police on my boyfriend and got him arrested for making threats. My boyfriend told the police he wants the renter out of the house and the officer told him he can not do that without going through a court process to show just cause to evict. Even after explaining there was no lease agreement or rent paid the officer said because he has been allowed to live here for an extended period we could not kick him out without the court order. Today my boyfriend had court and we found out when he gets released he will not be allowed to go back to the house that he owns and lives in because the renter is still there and the order of protection protects the "victim" so he is not allowed on his own property. Do we actually have to file with the court or can I just give him a 30 day eviction notice? We are in Anoka County, Mn.

[smoothy]

You do have to legally evict them according to your states laws. That starts with having them served with the proper notice (30 days in your case)... then going to court to have it enforced if they don't leave... when you win that... the Sheriffs will remove them and their property and set it at the curb.

[Kailes]

Thank you! I am trying to read about the laws but it is confusing. Do I have to give them a notice to vacate first and then if they do not do so proceed to file the eviction papers and go through the court process? I am not on the mortgage and with my boyfriend in jail I don't know how I could handle anything other than printing things out and having him sign when I go to visit. Do you suppose it would be possible for him to name me as a "landlord" in his absence so that I may handle all of this?

[joypulv]

No, he has to sign as the owner.
If you were married you could.
What a creep. I'd get into an 'altercation' with him myself just so I could get a restraining order against HIM. And I'd get the cops involved in his drug use. Fight fire with fire.

[excon]

Hello K:

Even from jail, your boyfriend can begin the eviction process. He IS allowed to use the mail, and all he has to do is send a 30 notice to vacate, certified, return receipt requested...

If, after 30 days, the guy is still there, that's when you file for an eviction... If your boyfriend is NOT out of jail by then, bring him the papers from the small claims court, and he can fill them out in jail and file them. Then, after he WINS, and the guy STILL hasn't left, he get's the sheriff to haul his butt out of there.

Of course, the shorter solution would be to take Joy up on her suggestion.

excon

[AK lawyer]

[QUOTE=Kailes;3554877]... Do I have to give them a notice to vacate first and then if they do not do so proceed to file the eviction papers and go through the court process? .../QUOTE]
Exactly.

The notice to vacate should be signed by your BF, but there is no reason you cannot deliver it to the tenant. Then, when the 30 days has expired and it the tenant is still there, your BF would file a compliant for eviction with the court. In most jurisdictions, a hearing would be scheduled. It would be served on the tenant (by a peace officer or process server). At the hearing the judge would, if convinced your BF has properly filed his eviction case, etc., order the tenant out and order police to enforce the order.

... I am not on the mortgage and with my boyfriend in jail I don't know how I could handle anything other than printing things out and having him sign when I go to visit. Do you suppose it would be possible for him to name me as a "landlord" in his absence so that I may handle all of this?

Your BF should be out of jail by the time the eviction hearing happens, right?

In the mean time, you can do everything (including notice to vacate, file papers (signed by your BF) in court, arrange for their service on the tenant, etc.) except represent your BF at the hearing. You normally couldn't do that unless you happened to be licensed to practice law.

[AK lawyer]

...
If you were married you could....

Actually, no. Minnesota is not a community property state, and community property doesn't work that way anyway.

But marriage is not a bad idea anyway. :)

[ScottGem]

First, whatever gave you the idea you could just kick a tenant out? If you were a tenant would you want your landlord to just be able to kick you out? Of course, the officer was entirely correct. There is a legal process referred to as eviction that has to be gone through to get a tenant out. It doesn't matter that there is no lease or even that he doesn't pay rent. He is a tenant and has rights.

Second, What, exactly happened at court? What was your boyfriend charged with? Does he have an attorney? Did he try to fight the restraining order? To help you fully we need to understand what is going on with that.

But, yes, your boyfriend needs to sign a notice to vacate that you can give to the tenant giving him a period to vacate. When he was paying rent, was he paying monthly? If so, you have to give him 30 days notice. If he was paying a shorter period you could give shorter notice.

If he fails to vacate by the deadline, then your boyfriend has to go to court to obtain an eviction order. This site: Minnesota Eviction explains the process.

One last point here. Apparently your boyfriend made threats so he is being prosecuted for that. But, if the tenant is doing drugs you may be able to report that to the police and have him arrested.

[joypulv]

I got carried away. Sometimes we get too wimpy about tenants. Done it myself.

[tickle]

Of course, one has to get enough nerve up to do all of this, especially when that tenant is still living in the same premises. If he is doing drugs, then I would be especially careful.

[joypulv]

True.