Evicting someone from a non-conforming 3rd floor unit in MN

[Shane Setzer]

I have a candlemaker that has rented the non-conforming 3rd floor unit of my property for the last 3 years. She is not supposed to be living in the unit because it only has a half bathroom. To paint a picture, it was created as an art studio with skylights and is a fantastic creative space. This tenant has not only been living there but is a major alcoholic and I have found her passed out on the property incoherent twice... It's alcoholism on another level. I had given her notice of infractions and told her if it happens again she's out She brought a mini fridge in that is packed full of food so it leaked and caused the ceiling to cave in the bedroom of the 2nd floor unit. When I went up to make sure the fridge was removed there was fecal matter everywhere. Her unit also had mountains of trash everywhere. I typically give my tenants a 2 month notice to vacate per the lease, but I want her out in 30 days. That being said, I am giving her the option to be out in 30 days or of me filing an eviction. My question is, since it's a non-conforming unit, can I get in any trouble for renting the space out to her if I were to file an eviction?

[Marc Winter]

@Shane Setzer, wait, am I reading this correctly?  You have a "non- conforming" (read ILLEGAL) unit on the third floor of your residential rental property?

Did you rent this artist space to a CANDLEMAKER?  Isn't that someone who is working with melted wax which is extremely flammable?  Are there 2 means of egress from that unit?  Fire suppression system in place?

And she is a blackout drinker?  

There are so many things wrong on so many levels; unfortunately, it seems to me that most of the problems were caused by your own actions or lack of action.  For example, the first time you even suspected she was staying there she should have gotten the boot!

Get her out as quickly as possible, and be thankful that you have averted (hopefully) a real disaster.

PS:  The time to ask about getting in trouble about renting this unit out would be BEFORE you rented it.  Hope this is your wakeup call.