Charged With Illegally Removing a Tenant? A Minnesota Lawyer Explains Your Rights as a Landlord.
You’re a landlord, not a criminal. But now, after a dispute with a tenant has spiraled out of control, you’re the one facing a criminal charge. You’ve been accused of Unlawful Ouster or Exclusion, and suddenly a civil matter has crossed the line into criminal court. Maybe you felt you had no other choice. Perhaps a tenant in your Minneapolis duplex stopped paying rent for months, leaving you to cover the mortgage. Maybe a renter in your Rochester property was causing damage and disturbing neighbors, and you felt you had to act decisively. Or perhaps you were simply unaware of the strict laws governing landlord-tenant relationships and made a mistake, like changing the locks or shutting off the power to a property in a St. Paul suburb like Eagan or Woodbury.
Whatever the circumstances, you are now facing a misdemeanor conviction. The prosecutor, who likely has little experience with the complexities of landlord-tenant law, will paint you as a villain who took the law into your own hands. They don’t understand the frustration and financial pressure you were under. I do. As a Minnesota criminal defense attorney who has defended property owners and managers across the state, from Duluth to Bloomington, I understand what’s at stake: your reputation, your rental license, your financial future, and your clean record. You don’t have to let one difficult situation define you. It’s time to fight back.
More Than a Civil Dispute: What Unlawful Ouster Actually Means in Minnesota
A charge of Unlawful Ouster or Exclusion under Minnesota Statute § 609.606 means the government is accusing you of using illegal “self-help” measures to remove a tenant instead of going through the formal court eviction process. This isn’t about being a tough landlord; it’s about being accused of willfully and intentionally violating a tenant’s right to occupy a property, even if they are behind on rent or have violated their lease. The law criminalizes specific actions taken with a specific goal in mind.
The two main actions that lead to this charge are physically removing or excluding the tenant—for example, by changing the locks or putting their belongings on the curb—or intentionally cutting off essential utilities like heat, electricity, or water. Critically, the prosecutor must prove you did this with the intent to unlawfully force the tenant out. Facing this Minnesota charge means the state believes you knowingly sidestepped the legal eviction process. It’s a serious accusation that turns a landlord-tenant issue into a criminal matter, and defending it requires showing that your actions were not the malicious, intentional crime the prosecution claims.
Minnesota Law on Unlawful Ouster or Exclusion — Straight from the Statute
The entire case against you is based on a short but powerful law: Minnesota Statute § 609.606, titled “Unlawful Ouster or Exclusion.” This is the specific statute that gives the state the power to charge you with a crime for what you may have considered a last-resort solution to a tenant problem. Reading the exact language is the first step to understanding the battle ahead.
609.606 UNLAWFUL OUSTER OR EXCLUSION.
A landlord, agent of the landlord, or person acting under the landlord’s direction or control who unlawfully and intentionally removes or excludes a tenant from lands or tenements or intentionally interrupts or causes the interruption of electrical, heat, gas, or water services to the tenant with intent to unlawfully remove or exclude the tenant from lands or tenements is guilty of a misdemeanor.
Breaking Down the Legal Elements of Unlawful Ouster in Minnesota
To get a conviction, the prosecutor can’t just tell a story about a bad landlord-tenant relationship. They must prove every single component—or “element”—of the crime beyond a reasonable doubt. If we can show that they have failed to prove even one of the following elements, their case against you must be dismissed. My defense strategy will be to systematically dismantle their arguments, element by element, to protect your record and your livelihood. Here is exactly what the prosecutor must prove:
- Landlord-Tenant Relationship: The state must first establish that you were the landlord, or an agent acting for the landlord, and that the person you allegedly removed was a legal tenant. This might seem obvious, but it can be a point of contention. If the person was a squatter, a guest who overstayed their welcome, or someone without a valid lease, this charge may not apply. We will scrutinize the lease agreements and living situation to challenge this foundational element.
- The Intentional Act: The prosecutor has to prove you committed one of two specific acts: you intentionally removed or excluded the tenant from the property (e.g., by changing the locks), OR you intentionally interrupted their essential utility services (heat, gas, electric, or water). An accidental utility shut-off during repairs or a lock that malfunctioned does not meet this standard. The act must be a conscious and deliberate choice on your part.
- Specific Intent to Unlawfully Oust: This is the most critical element and the heart of your defense. It’s not enough to show you changed the locks or that the power went off. The prosecutor must prove that you took that action with the specific purpose of illegally kicking the tenant out. If you shut off the water to perform an emergency plumbing repair or changed the locks because the tenant lost their keys and requested it, you did not have the criminal intent required for a conviction, even if a dispute arose later.
Penalties for an Unlawful Ouster Conviction in Minnesota Can Be Severe
While classified as a misdemeanor, a conviction for Unlawful Ouster or Exclusion carries penalties that can have a lasting negative impact on your life, far beyond a simple fine. The court and prosecutors take these “self-help” eviction cases seriously because they undermine the established civil court process. A conviction creates a permanent criminal record that can jeopardize your ability to manage property and damage your reputation for years to come. You must understand the full scope of what you are facing.
Misdemeanor Conviction
A conviction under Minnesota Statute § 609.606 is a misdemeanor, the lowest level of criminal offense, but one with significant consequences.
- Maximum Jail Time: Up to 90 days in a county jail.
- Maximum Fine: Up to $1,000.
- Probation: The court can place you on probation for up to one year, which may include conditions like having no same-or-similar offenses and paying restitution to the tenant.
- A Permanent Criminal Record: This is often the most damaging penalty. The conviction will appear on background checks, potentially affecting your rental license, your ability to secure loans for other properties, and even your primary employment.
What Unlawful Ouster Looks Like in Real Life — Common Scenarios in Minnesota
These criminal charges are almost never born from a landlord’s malicious desire to break the law. They are the result of frustration, desperation, and disputes that have simmered for months until they finally boil over. The sterile language of the law doesn’t capture the stress of dealing with a tenant who is destroying your property or refusing to pay rent. You may see your own frustrating experience in these common scenarios from across Minnesota.
The tenant and the prosecutor will present a one-sided story of a helpless victim and a villainous landlord. My role is to present the full picture—the months of unpaid rent, the property damage, the ignored warnings—to show that your actions, while perhaps misguided, were not the act of a criminal.
The Non-Paying Tenant in a Minneapolis Duplex
You own a duplex in Minneapolis and live in one unit while renting out the other. Your tenant hasn’t paid rent in three months, and you are falling behind on your mortgage payments. After countless broken promises, you feel you have no choice. You change the locks while they are out and leave a note telling them to call you to arrange getting their things. You thought this would finally force a resolution. Instead, the tenant calls the police, and now you’re charged with a crime.
The Destructive Renter in Duluth
You own a rental home in Duluth, and the tenants are throwing loud parties, causing damage to the walls and floors, and generating constant complaints from neighbors. You’ve given them warnings, but nothing has changed. Fed up and worried about the long-term damage to your investment, you go to the property and shut off the main electrical breaker, hoping to make the house uninhabitable for parties. The tenants report you, and you are charged with unlawful interruption of utilities.
The Small Landlord in Rochester with a Holdover Tenant
You are a small-scale landlord in Rochester and you gave your tenant a proper notice to vacate at the end of their lease because you intend to sell the property. The end date comes and goes, but the tenant refuses to leave. Believing the lease is officially over, you assume they no longer have rights to the property. You change the locks. You were not trying to perform an illegal eviction; you genuinely believed the tenancy was terminated. Now you have a criminal charge for your misunderstanding of the law.
The Property Manager in St. Paul Following Orders
You work as a property manager for an apartment building in St. Paul. The owner, frustrated with a problem tenant, tells you to “get them out” and suggests you have the utility account for that unit closed. Worried about your job, you make the call. When the tenant’s heat goes off in November, they call the police. Because you were the person who directly caused the interruption, you are the one facing the criminal charge, even though you were acting under the landlord’s direction.
Legal Defenses That Might Work Against Your Unlawful Ouster Charge
When you’re a landlord charged with a crime by your own tenant, it can feel like the world is turned upside down. The legal system seems designed to protect tenants at all costs, leaving you with little recourse. But you have rights. You are presumed innocent, and the burden of proof is entirely on the prosecutor. My job is to be your advocate and to build a defense that exposes the weaknesses in the state’s case. I will not let a one-sided story from a disgruntled tenant dictate your future.
Building a strong defense requires a deep dive into the facts. We will challenge the tenant’s credibility, question the evidence, and hold the prosecutor to their high burden of proof. There are powerful legal defenses we can use to fight these charges, aiming for a complete dismissal or a not-guilty verdict that clears your name and your record.
You Lacked the Intent to Unlawfully Oust the Tenant
This is the most powerful defense and gets to the heart of the statute. The prosecutor must prove that your specific goal was to illegally remove the tenant. We can argue that you had a different, legitimate reason for your actions.
- Emergency Repairs: If you shut off the water or electricity, was it to address an emergency situation like a burst pipe, a gas leak, or a dangerous electrical short? We can use repair records, invoices, and expert testimony to prove that your intent was to protect the property and the safety of its occupants, not to illegally evict anyone.
- Tenant Request or Abandonment: Did the tenant lose their keys and ask for a lock change? Did they tell you they were moving out and then change their mind after you secured the property? If we can show that you were acting on a tenant’s request or a reasonable belief that they had already abandoned the property, we can prove you did not have criminal intent.
Your Actions Were Not Willful or Intentional
The statute requires that you intentionally removed the tenant or intentionally interrupted their utilities. If the act itself was an accident or a misunderstanding, the charge cannot stand.
- Accidental Utility Interruption: Utility services can be interrupted for many reasons. A third-party utility company could have made an error, a breaker could have tripped, or a payment mix-up could have occurred on a master-metered building. We can investigate the true cause of the outage to show it was not a deliberate act on your part.
- Mistake of Fact: Perhaps you reasonably believed the tenant’s lease had already expired and they had no legal right to remain. While a mistake of law is not a defense, a genuine and reasonable mistake about the factual situation (i.e., that the tenancy was over) can be used to argue you did not knowingly and unlawfully remove a legal tenant.
Challenging the Landlord-Tenant Relationship
The statute only applies to the ouster of a legal “tenant.” If the person occupying your property did not have the legal status of a tenant at the time of the incident, this specific criminal charge may be invalid.
- Squatter or Trespasser: If the person broke into a vacant unit or simply took up residence without your permission and without a lease, they may be considered a trespasser, not a tenant. In this case, the civil eviction process and this criminal statute would not apply in the same way.
- Terminated Tenancy: While a tenant who holds over after a lease ends still has rights, we can argue that your actions were based on a good-faith belief that the landlord-tenant relationship was legally severed. This argument attacks the “unlawful” element of the charge, framing it as a civil dispute over legal status, not a criminal act.
False Accusations from a Disgruntled Tenant
Unfortunately, some tenants learn to use the system and may make a false or exaggerated claim to gain leverage in a dispute. This is especially common when the tenant is behind on rent and facing a legitimate eviction.
- Motive to Lie: We will expose the tenant’s motive to make a false report. Are they trying to avoid paying back rent? Are they retaliating against you for starting a lawful eviction process? By highlighting their reasons to be untruthful, we can destroy their credibility in the eyes of the prosecutor and the court.
- Contradictory Evidence: Does the tenant’s story match the physical evidence? Did they claim you shut the power off, but their social media shows them posting pictures from inside the apartment during that time? We will meticulously search for inconsistencies that prove the tenant’s claims are fabricated.
Minnesota Unlawful Ouster FAQs — What You Need to Know Now
Will I go to jail for unlawfully ousting a tenant?
While a misdemeanor conviction allows for up to 90 days in jail, it is not a common sentence for a first-time offender in these types of cases. However, a judge can use the threat of jail time to impose other strict conditions. My primary goal is always to negotiate a resolution that avoids both jail time and a criminal conviction on your record.
Can I still evict the tenant through the courts if I’m facing this criminal charge?
Yes. The criminal charge and the civil eviction process (called an Eviction Action or Unlawful Detainer in Minnesota) are two separate legal matters. You can and should proceed with a formal eviction in court to legally remove the tenant, even while the criminal case is pending. In fact, showing that you are now following the proper legal procedure can sometimes help in the criminal case.
Will a conviction affect my rental license?
Yes, this is one of the most serious collateral consequences. Many cities in Minnesota, including Minneapolis and St. Paul, require landlords to have a rental license. A criminal conviction, especially for a crime directly related to your duties as a landlord, can be grounds for the city to deny, suspend, or revoke your license, potentially ending your ability to rent out property in that city.
What is the difference between this and a civil lawsuit from the tenant?
This charge is brought by the state (the prosecutor) and can result in criminal penalties like jail, fines, and a criminal record. Separately, a tenant can also sue you in civil court for damages caused by an illegal lockout or utility shut-off. A tenant can seek treble damages or $500 (whichever is greater), plus attorney’s fees. A criminal conviction makes it much easier for them to win their civil case.
The tenant was destroying my property. Don’t I have a right to protect it?
You absolutely have the right to protect your property, but you must do so through legal means. The proper course of action is to document the damage, give the tenant a formal notice to quit, and then file for an eviction in court if they do not leave. Taking matters into your own hands, while understandable, is what leads to these criminal charges.
I didn’t know changing the locks was illegal. Is ignorance of the law a defense?
Unfortunately, “ignorance of the law is no excuse” is a fundamental legal principle. You cannot defend yourself by simply stating you didn’t know your actions were illegal. However, a misunderstanding of the facts—for example, a genuine belief that the tenant had already moved out—can be used to argue that you lacked the specific criminal intent required for a conviction.
Can the charges be dismissed?
Yes, achieving a dismissal is always the best-case scenario and my primary objective. Charges can be dismissed if we can convince the prosecutor they can’t prove all the elements of the crime (especially intent), if we can show the tenant is lying, or if we can negotiate an outcome like a Continuance for Dismissal, where the charge is dropped after a period of good behavior.
What should I do if the tenant calls the police on me?
Do not argue with the tenant or the police. You have the right to remain silent. Anything you say can be twisted and used against you. Do not try to “explain your side of the story” to the officers. Simply state that you will not answer any questions without your attorney present. Be polite and professional, and call a lawyer immediately.
I just manage the property; the owner told me to do it. Can I still be charged?
Yes. The law applies to the “landlord, agent of the landlord, or person acting under the landlord’s direction or control.” This means property managers, maintenance staff, or anyone who carries out the illegal act can be charged, even if they were just following orders. This is a critical reason for property managers to understand the law and refuse to carry out illegal instructions.
The tenant changed the locks on me! Why aren’t they being charged?
The law is written specifically to protect the tenant’s right of possession. While a tenant’s actions may violate the lease, there is no corresponding criminal statute for a tenant unlawfully excluding a landlord. The landlord’s remedy for a tenant’s breach of the lease is to file a civil eviction action in court.
What if I shut the power off for just a few hours to send a message?
The duration of the utility interruption does not matter. The statute criminalizes the act of intentionally interrupting the service with the intent to unlawfully remove the tenant. Whether it’s for one hour or one week, the act itself is what constitutes the crime if the intent can be proven.
I have a good reason for what I did. Will the prosecutor listen?
The prosecutor’s job is to enforce the law as it is written. While a good reason might generate some sympathy, it won’t be a legal defense on its own. It is my job to take your good reason and frame it within a recognized legal defense, such as a lack of criminal intent, and present it to the prosecutor in a way that convinces them to dismiss or reduce the charge.
How much will this cost to fight?
The cost of a legal defense varies depending on the complexity of the case. However, you must weigh this cost against the cost of a conviction: potential fines, loss of your rental license, damage to your reputation, and the lifelong burden of a criminal record. Investing in a strong legal defense is an investment in protecting your assets and your future.
The police didn’t arrest me, they just gave me a citation. Is it still serious?
Yes. A citation or a “ticket” in this context is simply the way you are being formally charged with a misdemeanor crime. You will be given a court date, and the case will proceed through the criminal court system just as if you had been arrested. It is just as serious and requires an immediate legal response.
Can I do anything to make this better right now?
Yes. If you have excluded the tenant or shut off utilities, the best first step is often to reverse that action immediately (after consulting with an attorney). Restore access and turn the utilities back on. This act of “curing” the problem won’t make the charge disappear, but it can show good faith and can be a powerful tool in negotiating a better outcome with the prosecutor.
What an Unlawful Ouster Conviction Could Mean for the Rest of Your Life
A misdemeanor conviction may sound minor, but for a landlord, it is a brand that can be impossible to remove. The consequences go far beyond the courtroom, creating permanent barriers to your ability to do business and damaging the reputation you’ve worked hard to build. Prosecutors won’t tell you about these “collateral consequences,” but they can be more punishing than the criminal sentence itself.
Loss of Your Rental License
This is the most direct and devastating consequence. Cities like Minneapolis, St. Paul, and many others require landlords to maintain a rental license. These cities have ordinances that allow them to deny, suspend, or revoke a license based on criminal activity, especially a crime that is directly related to mismanagement of a rental property. A conviction for Unlawful Ouster could mean you are legally barred from renting out your property, destroying your stream of rental income.
Damage to Your Reputation and Business
The landlord community in any given area is small, and word travels fast. A criminal conviction for illegally removing a tenant will damage your reputation with other property owners, lenders, contractors, and potential tenants. If your name appears in public court records for this offense, it can make it incredibly difficult to be seen as a trustworthy and professional landlord. This stigma can follow you for years and hinder your ability to grow your real estate business.
Difficulty Securing Financing
When you apply for a mortgage to purchase a new rental property or refinance an existing one, lenders will often run a background check. A criminal conviction can be a major red flag. Lenders may view you as a higher risk, assuming you are more likely to have tenant disputes that could interrupt the flow of rent used to pay the mortgage. This can lead to loan denials or less favorable interest rates, stunting your ability to invest and build wealth.
Impact on Your Primary Career
For many people, being a landlord is a side business, not their main source of income. If your primary career is in a field that requires a professional license (like nursing, teaching, or finance) or involves a position of trust, a criminal conviction of any kind can be a problem. You may be required to report the conviction to a licensing board or your employer, which could lead to disciplinary action, suspension, or even termination from your main job.
Why You Need a Tough, Experienced Minnesota Attorney for an Unlawful Ouster Charge
When you’re a landlord facing criminal charges, you are caught between two worlds: the complex rules of landlord-tenant law and the unforgiving procedures of the criminal justice system. You need more than just a criminal defense lawyer. You need an advocate who understands both arenas and who can protect your rights, your reputation, and your livelihood. The prosecutor sees a simple case; I see a complex dispute that does not belong in criminal court.
I Speak Both Languages: Criminal Defense and Landlord-Tenant Law
Most criminal lawyers don’t understand the nuances of eviction law, and most civil attorneys don’t know their way around a criminal courtroom. I have built my practice on handling these specific types of cases. I understand the frustration that leads to these situations, and I know how to translate your story into a powerful legal defense. I can analyze the lease, challenge the tenant’s legal status, and argue the finer points of landlord-tenant law in a way that a typical criminal prosecutor is unprepared to counter. This unique knowledge is your greatest advantage.
Negotiating from a Position of Strength
Prosecutors are often overworked and may view your case as just another file to close. They may not understand the full context or the financial pressures you were facing. My job is to educate them. I will present them with a comprehensive look at the situation—the unpaid rent, the property damage, the warnings you gave—and frame your actions in the least criminal light possible. By preparing your case for trial from day one and showing the prosecutor that we are ready to fight and win, we create the leverage needed to negotiate a dismissal or a significant reduction of the charge.
Protecting Your Livelihood Is My Priority
I understand that for you, this isn’t just about avoiding jail time; it’s about protecting your business. It’s about keeping your rental license, maintaining your good name, and ensuring you can continue to operate as a landlord. My defense strategy is built around these priorities. We will fight not only the criminal charge but also the potential collateral consequences, working to find a resolution that keeps your record clean and your rental business intact. I am committed to defending not just your freedom, but your future.
Experience in Courts Across Minnesota
Whether you are a landlord in Hennepin County, Ramsey County, or any other county in Minnesota, you need an attorney who knows the local landscape. I have defended clients in courtrooms throughout the state, from the urban core of the Twin Cities to smaller communities like St. Cloud and Mankato. I know the local prosecutors and judges, and I understand how these specific cases are viewed in different jurisdictions. This statewide experience allows me to build a defense that is tailored to the specific court and community where your case will be decided.