Legal Question in Landlord & Tenant Law in Minnesota
Removing roomate from home
I currently lease a townhouse and my roomate-girlfriend has lived here for four years. I want her to leave, she is not on the lease. We have no rental agreement between us. If she wont leave voluntarily, what do I need to do to make her leave?
1 Answer from Attorneys
Re: Removing roomate from home
The following applies to all occupants of leased premises:
Unlawful Detainer Actions
Landlords cannot forcibly remove tenants. In order to evict a tenant, a landlord must first bring an �Eviction Action,� or what used to be called �Unlawful Detainer� action against the tenant. This is a legal proceeding conducted in district court. To bring such an action the landlord must have a legitimate reason. According to state law, legitimate reasons can be nonpayment of rent, other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy�s last day has passed. (142) In general, if a tenant does not pay rent on the day it is due, the landlord may immediately bring an Eviction Action, unless the lease provides otherwise.