Guest with criminal history

[LuLou]

Jurisdiction

Minnesota

Hello, I just moved into an apartment. A friend of mine filled out an application in case I needed a co-signer. I didn't. The property manager ran background checks on both of us. After I signed the lease and moved in they told me that my friend was not allowed on the premises because he has a "rap sheet". I have seen his criminal background report and his offenses include multiple traffic violations (speeding, expired tags, seat belt, texting, etc) and a DUI in 2009. Some of the traffic violations are within the past year. Other than that there are no other offenses. The apartment complex is for people over age 50 and includes renters who receive housing assistance as well as others, like me, who do not receive assistance.
Is the property manager legally able to prevent my friend from coming to visit or to spend the night every now and then? He is Not a roommate, he has his own house an hour away. He would not stay more than 2 nights maximum over a 2 week period. The property manager told me that him being here was cause for immediate eviction. Can the property manager evict me if my friend does come over?
Thank you in advance for your advice.
LL

 

[army judge]

Is the property manager legally able to prevent my friend from coming to visit or to spend the night every now and then?

Yes.

Can the property manager evict me if my friend does come over?

No, she can't evict you.

She can, however, initiate an action in court to have a hearing to cause your eviction if you violate the terms of your lease.

 

[adjusterjack]

I don't see anything in the Minnesota landlord tenant statute prohibiting the landlord from excluding your friend from the premises.

https://www.revisor.mn.gov/statutes/?id=504B

Now read your lease and see what it says about who occupies your unit.

Though, now that the can of worms has been opened, I suggest you go to your friend's place if you want to spend nights together.

Or get a motel.

Or disobey the landlord and see what happens.

 

[zddoodah]

Is the property manager legally able to prevent my friend from coming to visit or to spend the night every now and then?

Depends. Is your friend able to access the leased premises without crossing any property under the control of the landlord? For example, in order to visit you, does your friend need to enter upon the "common area" of your apartment complex to get to your apartment? Or is it possible simply to pull up in front of your place and park on a public street and walk straight into your leased premises?

Can the property manager evict me if my friend does come over?

I don't know. I haven't read your lease, so I don't know if it says anything relevant about this situation. Also, do you have a long-term lease (e.g., one that has a set expiration date like "the term of this lease is from September 1, 2017 through August 31, 2018") or is it a month-to-month lease.

 

[LuLou]

I don't see anything in the Minnesota landlord tenant statute prohibiting the landlord from excluding your friend from the premises.

https://www.revisor.mn.gov/statutes/?id=504B

Now read your lease and see what it says about who occupies your unit.

Though, now that the can of worms has been opened, I suggest you go to your friend's place if you want to spend nights together.

Or get a motel.

Or disobey the landlord and see what happens.

Thank you for supplying the link with the statutes. That was very helpful. I'm not sure why you included your comments about going to my friend's place or getting a motel if we want to spend nights together. In my opinion that was assuming and disrespectful, especially in the event that you truly are a moderator. This is the first time I've ever asked a question on this site. Reading that portion of your response made me wonder if this is a legitimate site to get information about legal issues, or just a farce.

 

[LuLou]

Yes.





No, she can't evict you.

She can, however, initiate an action in court to have a hearing to cause your eviction if you violate the terms of your lease.

Thank you for your response.

 

[adjusterjack]

I'm not sure why you included your comments about going to my friend's place or getting a motel if we want to spend nights together. In my opinion that was assuming and disrespectful,

Suggesting practical solutions to legal issues is part of the service. You're free to ignore those suggestions.