Can a person be evicted immediately with no paperwork?

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Latest post 05-26-2011 11:53 PM by Drew. 25 replies.
  • 05-03-2011 3:36 PM

    • Toddie
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    News [|*|] Can a person be evicted immediately with no paperwork?

    I lived with my father for over 2 years and he has a lease on a house. 
    The landlord knew that I was living with him and allowed it.
    My father missed one rent payment and the landlord I believe retaliated by having the sheriff deputies
    remove me from my house without giving any reason or prior notice.
    There were no prior warnings or complaints.

    The landlord simply called them, said I was not on the lease and she wanted me trespassed.
    There was no verbal or written notice or any time to pack my things.
    The deputies had no paperwork and told me verbally that I had been served.
    They said I would be arrested if they came back and I was there.

    I have since called the sheriff and they tell me they have no record of the trespass notice.
    This was Anoka county MN. When I owned a home in Hennipen county I had a roommate who was not
    on any lease and I wanted him removed and the police would not remove him because he had lived there
    for more than 2 weeks and said he had established residence. They then said I needed to give him a 30
    day written notice of eviction, and then file for an unlawful detainer before they would intervene.

    This seems like a double standard to me and I do not believe what happened to me was legal. Am I right?
    What is the best course of action to take from here?
  • 05-03-2011 3:55 PM In reply to

    Re: Can a person be evicted immediately with no paperwork?

    Toddie:
    I lived with my father for over 2 years and he has a lease on a house.
    The landlord knew that I was living with him and allowed it.
    My father missed one rent payment and the landlord I believe retaliated by having the sheriff deputies
    remove me from my house without giving any reason or prior notice.
    There were no prior warnings or complaints.

    The landlord simply called them, said I was not on the lease and she wanted me trespassed.
    There was no verbal or written notice or any time to pack my things.
    The deputies had no paperwork and told me verbally that I had been served.
    They said I would be arrested if they came back and I was there.

    I have since called the sheriff and they tell me they have no record of the trespass notice.
    This was Anoka county MN. When I owned a home in Hennipen county I had a roommate who was not
    on any lease and I wanted him removed and the police would not remove him because he had lived there
    for more than 2 weeks and said he had established residence. They then said I needed to give him a 30
    day written notice of eviction, and then file for an unlawful detainer before they would intervene.

    This seems like a double standard to me and I do not believe what happened to me was legal. Am I right?
    What is the best course of action to take from here?
    
    
    

    No. It's not a double standard.

    The situations are completely different. Your roommate was legally living with you from the getgo and you would have been required to get him out using the proper legal methods outlined in your state's landlord tenant statute.

    You were not legally living in the landlord's house that your father occupied. The landlord called it trespass and the sheriff chose to believe it and put you out.

    If it was a mistake, your best option is for you and/or your father to go to court and get an injunction preventing the landlord from putting you out (if you can get it).

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-03-2011 7:11 PM In reply to

    Re: Can a person be evicted immediately with no paperwork?

    A tenant can't.

    A guest probably can.

  • 05-03-2011 9:00 PM In reply to

    • Drew
      Consumer
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    Re: Can a person be evicted immediately with no paperwork?

    I fail to see where a LL can just toss a tenant's invited guest--if the guest was in breech of lease the LL would need to go after thenant via the steps in due process as to a breech of the lease.

    Arrested for what?

    The tenant needs local lawyer who handles tenet side of evictioncases to comment...



  • 05-06-2011 12:45 PM In reply to

    • Toddie
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    Re: Can a person be evicted immediately with no paperwork?

    The situation is no different at all with the exception of location. Perhaps you can outline any additional differences?

    I owned a home where other people leased rooms and told a person they could stay with me temporarily with no lease.

    The landlord owns a home where she leases it out, and told me I could live there with my father without any lease.

     

    The only other difference I can think of, is that in the home I tried to kick someone out of, I was also a resident. The landlord does not live in the home with me and my father that she tried to get me kicked out of. It seems irrelevent in the sense that you would think living there would give you MORE authority to make the decision to remove someone so in my opinion she would have had even less authority to make this decision.

     

    I assume ignorance was also a factor in which these "cops" had not been in this situation before and did not know the legal way to handle it. Cops are not lawyers and they use their badge to hide behind a false sense of security for abusing their authority and make excuses that they are just doing their job or following orders.

    I don't care what the sheriff deputies "believe". They are not a JUDGE. Is there a proper legal way with paperwork, or do we just do what some old lady claims without proof, a judges signature, or even paperwork at all from even the sheriff!?

     

    It has been a couple months now and my options are less likely to move back and more likely to press a civil lawsuit. Do you need paperwork to tresspass someone or not? How can I verify I have actually been legally tresspassed? I still have belongings in the home and the deputies said if I was there they can arrest me.

     

    Either way I am sure my fathers lease says it is ok to have a guest, and the landlord verbally agreed for 2 years that it was ok for me to live there. If she wanted to end the lease because I was there for more than 2 weeks and she was being vindictive, then she could do that... but having me immediately tresspassed seems illegal and I just got caught in a bad situation where the sheriffs deputies were just "following orders" from a "property owner"

     

    On a side note I went outside to talk with them when they arrived, and I told them to wait outside and they followed me in and I stopped and turned around at the door and asked them two more times to wait outside and they refused. THEY were tresspassing! They had no permission from the tennant and there was no emergency so the landlord should have legally had no say in the matter to give them permission to enter the premesis.

     

    Is there not a legal clause in a law somewhere that says I have "established residence" which the police in hennipen county told me when I tried to kick out the person living with me who had no lease. Why did the police tell me this phrase if it does not apply to my situation now? Have you ever heard this term? Where the hennepin county police ignorant or were the anoka county sheriffs deputies ignorant? because both situations were the same, but when the roles of landlord and tennant were switched, both situations just happened to work against my favor? How is that not a double standard?

    Any lawyer with a heart out there who will take a case on contingency? :) Or are you all class action money gobblers?

  • 05-06-2011 12:49 PM In reply to

    Re: Can a person be evicted immediately with no paperwork?

    But you are not renting the residence. Your father is. Does he have the right to sublet? Otherwise I fail to see how you are anything but a long term guest and that is generally not permitted under most leases.

  • 05-06-2011 1:06 PM In reply to

    Re: Can a person be evicted immediately with no paperwork?

    Toddie:

    The situation is no different at all with the exception of location. Perhaps you can outline any additional differences?

     

    The difference is that you had a business relationship with your renters; you have NONE with your father's landlord.

    Toddie:
    Either way I am sure my fathers lease says it is ok to have a guest,

    Two years is not a "guest".  And I wouldn't be sure of anything; you haven't actually read it with all this?  I would.  You can be sure it does say he can't have any roommates or sublet without permission of the LL.

    Toddie:
    because both situations were the same, but when the roles of landlord and tennant were switched, both situations just happened to work against my favor? How is that not a double standard?

     

    Again, you were NOT a tenant; dad is.  YOU have no legal relationship with the residence, just dad.

    Toddie:

    Any lawyer with a heart out there who will take a case on contingency? :) Or are you all class action money gobblers?

     

    Well, THAT'S the way to get help!  What sort of $ do you think you can get out of this so that there would be a contingency fee?  If you have no case, no settlement $....so why would a lawyer waste time on a losing case?

    Toddie:
    The landlord does not live in the home with me and my father that she tried to get me kicked out of. It seems irrelevent in the sense that you would think living there would give you MORE authority to make the decision to remove someone so in my opinion she would have had even less authority to make this decision.

     

    WHO lives there is not relevant to the legalities.

    Toddie:

    The landlord owns a home where she leases it out, and told me I could live there with my father without any lease.

     All contracts regarding real estate must be in writing to be enforceable.  Dad and you should have continued to fly under the radar (by not being late with the rent, etc) to enjoy the LL's favor to you.

    You ae always free to call around to various lawyers, but don't get your hopes up.

  • 05-06-2011 1:44 PM In reply to

    • Toddie
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    Re: Can a person be evicted immediately with no paperwork?

    Let me make this clear. My father does not need to be involved in this. This is not a sublet.

    I had specific, verbal permission from the landlord, from the very beginning. PERMISSION FROM THE LANDLORD.

     

    Do you need paperwork to tresspass someone? How can I verify my tresspass? The sheriff office has NO RECORD.

  • 05-06-2011 1:51 PM In reply to

    • Toddie
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    Re: Can a person be evicted immediately with no paperwork?

    That was a troll reply. You insult my intelligence!

     

    There was NO BUSINESS RELATIONSHIP between me, and a person not paying rent, not on a lease, temporarily staying in my home. Perhaps if you re-read my situation it will be more clear.

     

    I don't need help I can press my own civil lawsuit. I need answers. Cocky comments will get cocky replies.

    So this does not get too off-topic Lets start one at a time.

    Is it LEGAL or is it ILLEGAL to tresspass someone with no paperwork?  Please do not discuss the actual reason for tresspass at this time as I can see we are getting distracted here, but please just discuss the proper method and whether this was handled appropriately and my rights were violated.

     

    p.s. don't forget you are talking to a guy who just in essence has been kicked out on the street. Show some compassion with your replies for gods sake I am a human being.

  • 05-06-2011 1:56 PM In reply to

    Re: Can a person be evicted immediately with no paperwork?

    " tresspass someone with no paperwork"

    Are you asking about trespass or eviction? Those are two utterly different things.

  • 05-06-2011 1:57 PM In reply to

    Re: Can a person be evicted immediately with no paperwork?

    Unless you can prove you have permission to be there forever, the landlord has the right to ask you to leave.

    Trespass and eviction are 2 different things.

  • 05-06-2011 2:34 PM In reply to

    • Toddie
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    Re: Can a person be evicted immediately with no paperwork?

    I was not evicted, I used improper terminology.

    The deputies said I was tresspassed and said there was no paperwork and that I had been served.

    I am unable to get any paperwork. The sherrif office says there is no record.

     

    1)

    If the landlord has the right to ask you to leave, then why when I was the landlord and I asked a guest to leave the police told me he had been there for more than 2 weeks and had "established residence" and would not assist me? Were they being incompetent? I told them there was no lease agreement and that I owned the property and they said it did not matter!

     

    2)

    Do you need ANY paperwork to tresspass someone who  has been living on your property for an extended period?

     

    Thank you!

  • 05-06-2011 3:05 PM In reply to

    • Toddie
      Consumer
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    • MN
    • Posts 27

    Re: Can a person be evicted immediately with no paperwork?

    since my father has a lease, which allows guests, would they not need proof that I have been there for longer than the lease agreement allows (usually 2 weeks) and get a judges signature or at least something?

     

    Do you not find it just a little peculiar that I have been involded in the same situation in both landlord and guest roles and have been the victim both times? I don't see how "established residence" would not apply to me as the guest in this situation, the same as how it applied to the guest in the situation where I was the landlord. Unless "established residence" is a regulation of hennipen county, and not a state regulation. I am asking if the "squatters rights" vary  from county to county or state, or federal. Can you explain "established residence"... the term the police gave me when I tried to kick a guest out?

  • 05-06-2011 3:08 PM In reply to

    Re: Can a person be evicted immediately with no paperwork?

    1. SO you took legal advice from the police? I don;t know why they told you that. All I can tell you is thatthey are generally not excellent sources for information on things like landlord tenant and real estate law.

    2. I am not in your state, but if the authorities are willing to act on a complaint without a special filing then you shouldprobably assume they can. What you need to be doing is consulting a landlord tenant attorney in your area.

  • 05-06-2011 3:45 PM In reply to

    • Toddie
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    Re: Can a person be evicted immediately with no paperwork?

    1. No. I asked them to remove a guest. I did not ask them if I was able to do so. They TOLD me they would not comply.

     

    2. I have a right to question authority to make sure they indeed have it. Being willing has nothing to do with being authorized. I do not know of any attorneys in my area who will take a case without having to give them $5,000 dollars in advance. I do not want advice. I want answers. I want specific statutes. I want to know where the term "established residence" is found on the books so I can read the statute. I want to sue the landlord in small claims court and sue the county deputy for acting illegally while in office and impersonating an officer.

     

    I want to follow the law! The problem is that I do not know what the law is and that is not because of ignorance, It is because of restrictions on information. Obviously you have not given a specific answer and you would not consider yourself ignorant for recommending that I ask someone else right?

    All I could find for resources in my area was this pdf file from lawhelpmn dot org entitled "guests who stay too long" and it lists MAYBE the police will remove you if you can convince them? So the law is just thrown out now and we have to convince a police officer, acting as a judge, that we have legal merit? Is this not an accurate representation of what this pdf is advising? Here is the excerpt that deals with this issue.

    Call the Police
    If you told your guest that you want them to leave but they won’t, that might be considered
    trespassing. You can call the police, but it might be hard to prove to the police that the person no
    longer has your permission to live there.
    Because the guest was probably staying at your home with your permission at first, it is a good
    idea to write out a notice saying, “I am withdrawing my consent for you to live in my home.
    Please take your belongings and leave by [enter a reasonable date].” Give a copy to them and
    keep a copy for yourself. If the guest has not left by that date, you can call the police and ask the
    officers to remove the person as a trespasser. You will have the notice as proof that you asked
    them to leave.
    The police might remove the guest. If this happens they could end up with an arrest record. It is
    also possible that the police might say that they won’t decide if your guest is a trespasser or not.
    They might tell you a court has to decide.

     

    So basically, This is the law (holds badge) and it does not have to be in writing any more.

    What exactly do we need lawyers for again? to help people who need it, or to make money off of some rich guys mistake? Reminds me of how years ago, doctors would work for patients who could not afford it for free but all that has changed. It's all about money now. Since I do not have any, and since my case would not be worth much, I can understand how nobody would want to use their time to help me. Their time is better spent making money. Looking for a free attorney in my area will not help me because they will not take the case, and a private attorney would cost more than the settlement!

     

    I just want to know what the specific law is. I do not need advice, or help. You are lawyers, you can do that right? Unless this forum is just meant to lure people in to pay for answers. Maybe thats why I am getting none? Because I have not paid anyone who has access to a law library to actually take a few minutes of their time and look the law up? I can't think of anything else.

     

    Anyone got a link to an online mn law archive or something that I can find out more about tresspassing, and possibly find the term "established residence"? I'm trying to help myself here, Not get someone to do all the work and provide ALL the answers for me. I just could use some assistance. Please. Thank you.

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