Legal Question in Personal Injury in Minnesota
falsely accused
my husband and I evicted a tenant from our property. We put her things in storage and we want her to pay the fees incurred. Instead of doing that she claimed that my husband forced himself on her. they have never been along together and each time he's had to speak with her on the phone I was on 3 way. She had requested a couple of times for my husband to come to the home so they could discuss money she owes. She had left messages and text that my husband showed to me. He never went because I told him this person may try something just like this. The funny thing is now that she owes money she suddenly comes up with this accusation. Is there anything we can do to bring charges against her for harrassment and false accusations? Can my husband sue her for trying to ruin his reputation and good name? What legal action can we take against her for this? It is very clear she is trying to buy time because her things are in storage and almost set to be disposed of or sold. She also is trying to sue us in concilliation court for her belongings when she already knows where they are. What can be done legally with a person like this? Or do you think we need an attorney?
1 Answer from Attorneys
Re: falsely accused
Your question raises a number of separate issues that cannot be fully considered here. Additional facts are required to fully evaluate the matter, but perhaps this will give you someplace to start.
I presume the only legal proceedings between you and your former tenant are a previous unlawful detainer action (to evict her from the residence), and now a conciliation court claim.
If she is already out of the property, then I presume she voluntarily moved in response to your notice to vacate, or was evicted in an unlawful detainer proceeding. It is not clear to me who commenced the conciliation court action. If you placed her property in storage after she was properly removed, then you must comply with the law concerning the movement and storage of tenant property. In very general terms, you must retain her property for 60 days, and depending on whether the property was moved and where it is stored, you can ask for the reasonable cost of moving and storage before it is returned. If her allegations are being made as an angry response to your demand for moving or storage costs, then the court will probably consider them irrelevant.
Although her allegations are offensive, you cannot "stop" her from making accusations. Your remedy is to respond in court.
If you are concerned about whether you have complied with the law concerning the movement and storage of her property, or anticipate a complaint from her alleging an assault, or have questions about her eviction, it would be worthwhile speaking to a lawyer about the matter. Although a lawyer cannot ordinarily appear with you in conciliation court, you might benefit from some direction about how to proceed, in light of her penchant for making wild claims.
Feel free to contact my office if you have additional questions or concerns. My contact information is below.
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