Guests Who Stay Too Long

Maybe it’s a friend or family member who was facing hard times or an adult child who has not left. Here are things to think about when deciding how to deal with this. It is always best to try to talk to a lawyer because every case is different.

Note: if you are in danger from your guest or afraid for your safety call 911. Think about getting an Order for Protection (OFP) or a Harassment Restraining Order (HRO). See our fact sheet Orders for Protection and Harassment Orders.

Try to work out an agreement with your guest. If you sit down and talk about it, you may come up with an idea or solution that works for everyone. If you can work it out, you can avoid getting the police or the court involved.

Ask the guest to leave. Pick a date that gives them time to pack and find a new place to stay.

If the guest doesn’t want to leave, think about offering some money to help out if you have it. This seems like it doesn’t make sense, but if you have to go to court to try to evict them it could cost more.

Tell your guest that you are trying to help them avoid an arrest or an eviction on their record.

If you reach an agreement, put it in writing. Write down each thing you agreed on so there is no confusion later if your guest does not follow through.

In some cases, the person staying in your home might be considered a tenant. Even if they didn’t sign a lease or pay rent, they still might be a tenant by law.

Minnesota law says a tenant is someone who lives in a home with the owner’s permission. Usually, but not always, it is in exchange for rent or services. You might be a landlord and don’t know it.  Things that show whether your guest is a tenant or not:

• Do they have a permanent home somewhere else?
• How long have they stayed with you?
• Do they help out with the household, financially or in other ways?
   

IMPORTANT: If your guest has become a tenant, you can only make them move by filing an eviction in court.                     

If your guest is not a tenant, and they won’t leave your home, that can be considered trespassing. You can call the police, but it can be hard to prove to the police that the person no longer has your permission to live there.

The guest was probably staying at your home with your permission at first. Because of this, it is a good idea to write out a notice saying, “I am taking back my permission for you to be 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 they don’t leave by that date, you can call the police and ask the officers to remove the person as a trespasser. You have the notice as proof that you asked them to leave.

If the police remove the guest, they could end up with an arrest record.

It is also possible that the police might not remove them. They could say that they won’t decide if your guest is a trespasser or not. They might tell you a court has to decide.

If you want to ask the court to evict someone, you may have to show that the person you want to evict is a “tenant” and you are a “landlord.” You have to show things like:

• unpaid rent
• they violated a lease, or
• they stayed past a notice you gave them ending permission to live there.
   

You also may be able to claim that the person is there illegally without saying the person is a tenant.

The eviction process can take several weeks or even a few months and costs at least $322. It is a good idea to get legal advice before you file an eviction action in court. 

If you have a low income, you can fill out a court fee waiver form to ask the court to let you skip paying. The court has these forms or you can create one online using a step-by-step interview.

Bring proof of your low income, like pay stubs, or proof of government assistance.

In some cities you can’t rent without a rental license. Sometimes you need special homeowner’s insurance to have renters. Check with your city. If you don’t have these things but are supposed to, you could get into legal trouble. You may want to talk to a lawyer to figure out if claiming a landlord - tenant relationship is a good idea or not.

In some cases, it might be better if you have a landlord-tenant relationship.  Be clear up front about the expectations on each side and put all agreements in writing.

By law a landlord has to give a tenant a full rent-paying-period’s notice to move out.  If there is no rent payment, a landlord has to give a tenant 3 months’ notice to move out.

For example: if the person paid you a month’s rent on June 1, you have to give written notice no later than June 30 to have them move out by July 31.

If the person is still there on August 1, you can file an eviction action. If you win the court issues a “Writ of Recovery.”

If the person still refuses to leave, take the Writ to the county sheriff’s office. A sheriff comes and removes the person. Remember, filing a court case makes an eviction action show up on the person’s record. This can make it hard for them to find another place to live.

Keep copies of all notices and agreements with the tenant to help prove your case in court. Before you file an eviction action, put numbers on the bedroom doors, so the sheriff knows which part of the home the unwanted tenant lives in. You may want to call a locksmith to change the locks right away after the police remove the person. If you change the locks or remove their property before the police remove them, they could sue you. For more details about those rules, see our fact sheet Getting Property Back After you Move Out.

Changing the locks, turning off utilities, or doing other things to get rid of someone without a court order is very risky. Minnesota landlords are not allowed to use “self-help” to evict tenants. You could end up facing court action if the person claims they were a tenant. If you keep them from getting their belongings or if you damage things by putting them outside, you could be sued.

If you have a low income, you may be able to get help from your local legal aid office. Call 1(877) 696-6529. If you live in Hennepin, Ramsey, or Anoka County, you can also contact Volunteer Lawyers Network (VLN) at https://www.vlnmn.org/ or (612) 752-6677.

Go to www.lawhelpmn.org/providers-and-clinics to look for other programs that may help.

If you don’t qualify for free or low-cost legal help, find other lawyers at: www.mnfindalawyer.com.

Definitions of residential tenant and tenancy at will: Minnesota Statute Chapter 504B.001, subd. 12, 13.

Terminating a Tenancy at Will: Minnesota Statute Chapter 504B.135. 

Tenant’s Personal Property Remaining in Premises: Minnesota Statute Chapter 504B.271. 

Unlawful Exclusion or Removal (lockout): Minnesota Statute Chapter 504B.375. 

Also check your city’s housing and rental codes.