My question involves criminal law for the state of: Minnesota
I lived with my father for over 2 years with verbal permission from the landlord and I was not on the lease.
The local sheriff deputies (Anoka) acted improperly in my opinion and removed me immediately from the premises by serving me a verbal trespass notice. I asked them twice to leave and they refused and came into the house without permission.
I was not doing anything wrong and the landlord sent no prior warnings or demands for me to leave the property. My father invited me to stay there (never mind the permission from the landlord, which I may or may not be able to prove) and I was not causing damage to the property. (My father missed a rent payment and it could have possibly been retaliatory.)
I believe that the landlord is violating my father's statutory and contractual right to have invited guests. Even if my father WAS breaching his contract and I was residing there without the landlord's permission, the landlord's remedy should have been to issue him a notice to cure condition (get me out or put me on the lease, if the lease requires all occupants to be so listed) and, if he ignored it, to file an eviction action against my father and argue it all out in court. Any average court (in my opinion) should not find this issue to be a material breach of a contract such that an eviction order would be issued.
I have not yet discussed with the head of the sheriff's office proper protocol, but I believe that the sheriffs deputies should have told the landlord that it was a civil matter unless the landlord credibly lied and said that I was damaging property or interfering with other tenants in the common areas.
The deputies did not mention anything about a disturbance and instead said that I was being removed simply because I was not on the lease and that the landlord wanted me removed. (Even if I was causing a disturbance inside my father's space, that's something the landlord should have addressed by way of a notice to cure condition or quit to my father.)
The sheriff's office has no record of the trespass as I called them and asked for a copy, and the deputy told me I could be arrested if I go onto the property. The deputy told me that I had been "served" and that there was no paperwork.
I still have belongings at the dwelling. My father has been in the hospital for the last 2 months. it's unclear to me why I was trespassed by the sheriff's deputies and whether it is even valid. If I am actually arrested for trespassing, I believe that my father and I may have an action against the landlord for malicious prosecution. I am not pressing my luck and am currently staying off of the property. I have been off of the property for over 2 months now.
This put me out on the street for several weeks until I established a temporary residence. There was never a problem until my father had to go to the hospital and missed one rent payment. My life just changed instantly and unexpectedly. I am wondering if this is serious enough to be worth pressing a civil lawsuit over.
I did research and found nothing about procedure, for actually serving a trespass notice. I could only find the statutes. I believe (4) applies to me.
609.605 TRESPASS.
(4) occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation;
My father has claim of right as a leaseholder if I understand correctly, and the landlord should not be able to enforce a trespass on me against my fathers will without a court order.
My questions are as follows:
1) Can a trespass notice be served verbally without any record and be legal and valid?
2) If my rights have been violated, how can I go about pressing a civil lawsuit (against landlord and possibly Anoka county)? Are there any simple steps that I can take without being required to hire a lawyer? What kind of compensation can I expect if I win?
Thank you for your time!
-Todd

