Minnesota Eviction Case

[Zachary Loesel]

I have an eviction I want to pursue based on public safety grounds. I own a triplex and one occupant has a restraining order on another party in the adjacent apartment. The tenants I would like to be evicted were due to leave on June 15 when the lease expired by agreement. They did not leave at that time but they then promised to be out June 30 but still did not vacate. The hope was that the troublesome couple would leave and an eviction action would not be needed. On June 25, 2020 the troublesome tenant violated the No Contact provision of the Restraining Order and threw punches at my good tenant when she was outside in the common area turning the water faucet off after watering her plants. The police were called and the troublesome tenant was charged with assault and taken to jail. For public safety reasons these people need to be separated. Since the troublesome tenants were due to leave and their lease has expired, it seems logical that they be evicted.

Curious if any other feels this constitutes grounds for eviction. I would hate for a judge to throw this out and I'm out a $300 Filing fee and charged for an eviction crime that runs up to $600 from what I have seen. The order is set to end on July 13th. If I wait until then who knows when I would get a court hearing being evictions have been halted for 3 months. Not sure how long my good tenant will be able to put up with it since this is the 3rd time the restraining order has been violated. I don't want to lose another good tenant because of these awful bad tenants. Thoughts?

Per Minnesota's Emergency Executive Order 20-14 on Page 2, Item #1:

Beginning no later than March 24, 2020 at 5:00 pm, and continuing for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded, for property owners, mortgage holders, or other persons entitled to recover residential premises after March 1, 2020 because a household remains in the property after a notice of termination of lease, after the termination of the redemption period for a residential foreclosure, after a residential lease has been breached, or after nonpayment of rent, the ability to file an eviction action under Minnesota Statutes 2019, section 504B.285 or 504B.291 is suspended. This suspension will allow households to remain sheltered during the peacetime emergency. Nothing in this Executive Order relieves a tenant’s obligation to pay rent. This suspension does not include eviction actions based on cases where the tenant seriously endangers the safety of other residents or for violations of Minnesota Statutes 2019, section504B.171, subdivision 1