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  1. #1

    Default Landlord's Eviction Complaint Refers to Subtenants as Criminals

    My question involves landlord-tenant law in the State of: MN

    I filled out my petition (to evict tenants - many of whom are squatters) a few days back. One of the sentence that I wrote down, makes me a little uncomfortable now that I re-read, and I need to be prepped in case it is raised against me.

    Here is what a wrote in for the specifics terms that the Tenant broke in the lease agreement. Please read item #2 in particular
    1. severe damage to property, kicked in and broken doors/windows due to male/female fights, animal and human feces.
    2. unlawful renting of my home to criminals (sub-letting is prohibited per lease).
    3. neighbor complaints, suspected use of drugs.

    I think I shouldn't have used the word 'criminals' in item2 (even though I know they have a past criminal history - felony, burgulary, drugs etc as I ran their background checks). I should have used the word 'criminal suspects' to be politically right?

    Have I harmed my case? If so, how can I make up to it.

  2. #2
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    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    if a sublet was a violation, stop there.

    Neighbors complaints is likely hearsay and not a breech.

    damage to property is a probable breech.

    Animal and human feces is a probable health code violation.

  3. #3
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    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    Criminal was the right word.

    Merriam-Webster Dictionary defines "criminal" as a noun meaning "one who has committed a crime" or "a person who has been convicted of a crime."

    Black's Law Dictionary (a very old and venerated source) defines "criminal" as a noun meaning "one who has committed a criminal offense; one who has been legally convicted of a crime; one adjudged guilty of a crime."

    I think you're fine.

  4. #4
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    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    It's not illegal to sublet to criminals, if subletting is permitted; but the parenthetical covers the actual issue, if your lease forbids subletting.

  5. #5

    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    First, thank you Adjusterjack, HRinDevon and Mr KnowItAll for your comments. I need to hear the hard truth (that makes me better prepared so please throw all kind of critical questions on me).

    That said, I do have testimony in the form of a letter from my Block Leader (my house is in downtown, and there are community leaders for each street that work with the police precinct, called Block Leaders), so neighbor complaints I argue is not hearsay, but valid proof of gross nuisance. The Block Leader states in a letter written by him, that there is strong odor of drugs emanating from my home when you pass it from the street (besides that he states that there are frequent loud outbursts of fighting that you can hear on the street, that my backyard is littered with trash/debris). Wouldn't this the strong odor of drugs be a really valid breech?

    The reason I want to focus more on drugs, is that while my city gives plenty of rights to squatters and homeless, if one issue it has zero tolerance then that is for drugs, they state for that eviction is immediate.


    Quote Quoting HRinDEVON
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    Neighbors complaints is likely hearsay and not a breech.

  6. #6
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    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    Quote Quoting KS693
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    Wouldn't this the strong odor of drugs be a really valid breech?

    The reason I want to focus more on drugs, is that while my city gives plenty of rights to squatters and homeless, if one issue it has zero tolerance then that is for drugs, they state for that eviction is immediate.
    When I made my original comments I was thinking more about the possibility of a defamation lawsuit which is unlikely to be successful based on your use of the word "criminal."

    But now I'm thinking about eviction for cause.

    Unfortunately, you have no direct evidence of drug use. Just opinions and allegations from non-experts.

    You do have direct evidence of damage to the property (hopefully photographed).

    You haven't mentioned what evidence you have that the tenants subleased to others.

    A court wants evidence, not sayso.

    Have you filed a police report regarding the drugs and damage (vandalism)?

    If you haven't, that makes your allegations even less convincing.

  7. #7

    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    Photographic evidence: Yes, I do have plenty of photographs of before and after (they are eye-popping).

    SubLease Evidence: a) police report - John Doe / Jane Doe (i.e. squatters) were present on the day when I called police stating unknown people are trespassing at my property. Police didn't help me a squat (and instead asked me to leave), once squatters showed them a mail in their names showing my residence.
    b) Eviction summons served to them - that day they were present there too.
    c) I had John and Jane Doe (squatters) fill out a rental application form (so I can gather their info). They wrote their current residence as my home in it, and further wrote that they are tenants to John XY (my real tenant who has gone AWOL). I think this would be irrefutable evidence?

    Police report, damage/vandalism: When I called police that someone has trespassed into my home, I mentioned them that my property is damaged and they are using drugs, are stoned and aggressively confronting me. The police did give me a report #, but whether they wrote down all information (drugs/vandalism) I am a little suspect, since they had asked me to leave, as soon as squatters showed them with mail (showing my address) in their names. Question 1: Should I contact police and get a detailed police report to make sure, vandalism and drugs is visible somewhere on the report?. And if its not there, then pursue police as to why they did not.

    Question 2: I picked up a piece of paper (while trying to find who the hell is in my house) that showed John Doe license being suspended due to "convicted of selling/possessing a controlled substance while operating a motor vehicle". Would that be an admissible evidence, or I could be in trouble as to why I picked it up?

    Quote Quoting adjusterjack
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    You haven't mentioned what evidence you have that the tenants subleased to others.

    A court wants evidence, not sayso.

    Have you filed a police report regarding the drugs and damage (vandalism)?
    If you haven't, that makes your allegations even less convincing.

  8. #8
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    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    Quote Quoting KS693
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    Photographic evidence: Yes, I do have plenty of photographs of before and after (they are eye-popping).
    Good.

    Quote Quoting KS693
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    SubLease Evidence: a) police report - John Doe / Jane Doe (i.e. squatters) were present on the day when I called police stating unknown people are trespassing at my property. Police didn't help me a squat (and instead asked me to leave), once squatters showed them a mail in their names showing my residence.
    Once the occupants show mail addressed to them the trespassing issue goes out the window and it becomes a civil matter between you and the tenants. That's why the police had you leave.

    Quote Quoting KS693
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    b) Eviction summons served to them - that day they were present there too.
    c) I had John and Jane Doe (squatters) fill out a rental application form (so I can gather their info). They wrote their current residence as my home in it, and further wrote that they are tenants to John XY (my real tenant who has gone AWOL). I think this would be irrefutable evidence?
    That documents the sublease issue.

    Quote Quoting KS693
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    Police report, damage/vandalism: When I called police that someone has trespassed into my home, I mentioned them that my property is damaged and they are using drugs, are stoned and aggressively confronting me. The police did give me a report #, but whether they wrote down all information (drugs/vandalism) I am a little suspect, since they had asked me to leave, as soon as squatters showed them with mail (showing my address) in their names. Question 1: Should I contact police and get a detailed police report to make sure, vandalism and drugs is visible somewhere on the report?. And if its not there, then pursue police as to why they did not.
    Yes, get the police report for your records. Unfortunately, there is not likely to be any criminal prosecution. You have enough for an eviction but a criminal trial requires a witness who will point to John Doe and say "I saw John Doe damage the property." You don't have that. Without that the authorities won't be interested in prosecuting. I've seen it happen 100s of times with tenant vandalism claims.

    Quote Quoting KS693
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    Question 2: I picked up a piece of paper (while trying to find who the hell is in my house) that showed John Doe license being suspended due to "convicted of selling/possessing a controlled substance while operating a motor vehicle". Would that be an admissible evidence, or I could be in trouble as to why I picked it up?
    Should be OK if you found it fortuitously. But you can also run a search of criminal court records for the same information.

  9. #9

    Default Re: Re-Renting Premises Out to Criminals - Arghh Did I Mess Up

    Adjusterjack: thanks for taking in all my queries and answering them ...

    Quote Quoting adjusterjack
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    Should be OK if you found it fortuitously. But you can also run a search of criminal court records for the same information.

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