A Minnesota Property Rights Attorney Explains the Charge and How to Fight It
You never thought you’d be in this position. As a property owner, you try to be responsible. You might be a landlord with a tenant who caused problems, a business owner whose establishment got a little too rowdy, or the owner of a plot of land that someone else misused. Now, you’re the one holding a criminal citation for “Permitting Public Nuisance.” You didn’t create the problem, but the law says that because you have control of the property, you are responsible. It feels profoundly unfair. You’re being blamed for the actions of others, and now you face a criminal charge because of it.
This is a serious situation that can’t be ignored. A charge under Minnesota Statute § 609.745 is a criminal misdemeanor. This isn’t just a ticket or a fine; a conviction means a permanent criminal record that can impact your reputation, your ability to manage your properties, and your financial future. You’re likely worried about what this means for your rental licenses, your business, and your good name. How can you be held criminally liable for something you didn’t even do? These are the critical questions we need to address.
You do not have to accept this charge lying down. I am a Minnesota criminal defense attorney who focuses on protecting the rights of property owners like you. From Minneapolis and St. Paul to the suburbs of Maple Grove and Plymouth, and in cities like Rochester and Duluth, I have defended clients against unfair nuisance charges. The government has to prove you knew about the nuisance and allowed it to happen. Often, they can’t. Let’s start building the case to prove your side of the story and protect what you’ve worked for.
What “Permitting Public Nuisance” Actually Means in Minnesota
Being charged with “Permitting Public Nuisance” in Minnesota means the government is accusing you of allowing your property to be used in a way that harms the community. This charge isn’t aimed at you for creating the nuisance, but for failing to stop it as the person in control of the real estate. It’s a charge most often aimed at landlords, business owners, and holders of vacant land. A “Minnesota Permitting Public Nuisance” charge alleges that you either actively let the property be used for a nuisance or that you leased it to someone knowing they would use it that way.
To understand this charge, you first have to understand what a “public nuisance” is under Minnesota law. A public nuisance, as defined in a related statute (§ 609.74), is any condition that “unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public.” This is incredibly broad language. It can include everything from a “party house” in a Brooklyn Park neighborhood to a tenant allegedly dealing drugs from an apartment in St. Cloud. When you’re facing a public nuisance accusation, the core of the case is what you knew and what you did—or failed to do—about it.
Minnesota Law on Permitting Public Nuisance — Straight from the Statute
The specific law the state is using against you is Minnesota Statute § 609.745. This law is short and direct, but its power lies in its connection to the broader, more subjective definition of “public nuisance.” It’s essential to read the exact language a prosecutor will use to build their case against you as a property owner.
Here is the full text of the statute:
609.745 PERMITTING PUBLIC NUISANCE. Whoever having control of real property permits it to be used to maintain a public nuisance or lets the same knowing it will be so used is guilty of a misdemeanor.
Breaking Down the Legal Elements of the Charge in Minnesota
For the state to convict you of Permitting Public Nuisance, a prosecutor must prove three distinct elements beyond a reasonable doubt. They can’t just blame you because you own the property. They have to prove you had control, knowledge, and that you allowed the nuisance to continue. If we can create reasonable doubt about even one of these elements, their case crumbles.
- Control of Real Property The prosecution must first prove that you had legal control over the property in question. This is usually straightforward if your name is on the deed or you are the listed manager. However, “control” can become a point of contention. For example, if you co-own a property, are part of a complex ownership trust, or have a property manager who holds primary responsibility, we can argue that you did not have the direct, immediate control necessary to permit or stop the nuisance. This element is the foundation of the charge; without proving you were in a position to control the property’s use, the rest of the case is irrelevant.
- A Public Nuisance Existed The state has to prove that the activities occurring on your property legally rise to the level of a public nuisance. This is not a simple task. It’s not enough for a neighbor to be annoyed. The condition must unreasonably endanger the health, safety, comfort, or morals of a “considerable number” of people. A loud party one night is likely not a public nuisance. A house with loud, disruptive parties every weekend that draw police attention could be. We will challenge the state’s evidence and argue that the conduct did not meet the high legal standard required for a public nuisance.
- Knowledge and Permission This is the most critical element and often the weakest point in the prosecutor’s case. They must prove that you knew about the public nuisance and that you permitted it to continue. “Permitting” can mean giving explicit permission, but it more often means turning a blind eye or failing to take reasonable steps to stop it. If a tenant was causing problems, did you take action? Did you send warning letters, start the eviction process, or call the police yourself? If you can show you took steps to abate the nuisance, we can argue you did not “permit” it. If you genuinely didn’t know about it, the state cannot convict you.
Penalties for a Public Nuisance Conviction in Minnesota Can Be Severe
Do not underestimate the impact of a misdemeanor conviction. While Permitting Public Nuisance is not a felony, a conviction carries criminal penalties and creates a permanent record that can harm your reputation as a property owner and business person. Minnesota law gives judges the authority to impose penalties that can include jail time, significant fines, and probation with strict conditions.
Misdemeanor Penalties
Under Minnesota law, a conviction for Permitting Public Nuisance is a misdemeanor. The maximum possible penalties are:
- Up to 90 days in jail
- A fine of up to $1,000
- Both jail time and a fine
A judge will also likely place you on probation, during which you may be ordered to take specific actions to prevent future nuisances, pay restitution if applicable, and avoid any further legal trouble. The “penalties for permitting public nuisance in Minnesota” are designed to be punitive and serve as a warning to other property owners, making a vigorous defense essential.
What Permitting Public Nuisance Looks Like in Real Life — Common Scenarios in Minnesota
This charge can be applied to a wide array of situations, often catching well-intentioned property owners by surprise. A prosecutor, pressured by neighborhood complaints or local officials, may decide to charge the owner as a way to solve a problem, even if the owner is not the one directly causing it. Understanding these scenarios can help you see how your own situation fits into the legal landscape.
Here are a few common scenarios that lead to charges in Minnesota:
The Landlord with a Problem Tenant in Minneapolis
You own a duplex in a residential neighborhood in Minneapolis. You live elsewhere and rely on the rent for income. Neighbors begin complaining to the city that your tenant is hosting loud, late-night parties every weekend, with people coming and going at all hours. The city sends you a notice, and you call your tenant to warn them. The problems continue, police are called multiple times, and eventually, the city attorney charges you with Permitting Public Nuisance, claiming you didn’t take sufficient action (like starting an eviction) to stop the problem.
The Absentee Owner of Rural Land in Rochester
You inherited a few acres of undeveloped land just outside Rochester. You rarely visit the property. Without your knowledge, people begin using a remote corner of your land to illegally dump trash, old appliances, and construction debris. A county inspector discovers the dump site, and since you are the owner of record, the Olmsted County attorney charges you with Permitting Public Nuisance for allowing a condition that is “injurious to health.”
The Bar Owner in Duluth’s Canal Park
You own a popular bar in Duluth that attracts large crowds, especially on summer weekends. Your security staff does their best, but fights occasionally break out in your parking lot after closing time. After a series of incidents where police were called to handle disturbances outside your establishment, the city prosecutor charges you, the owner, with Permitting Public Nuisance, alleging that you are not controlling your patrons and are allowing a condition that endangers public safety and repose.
The Warehouse Owner in an Eagan Industrial Park
You own a commercial warehouse in Eagan that you lease to a small shipping company. Unbeknownst to you, the tenant is involved in storing and selling illegal, unregulated vape products from the back of the warehouse. Following a police investigation and raid, you are shocked to receive a criminal summons. The prosecutor charges you with Permitting Public Nuisance, arguing you should have known about the illegal activity and that by leasing them the space, you “permitted” it to be used for a criminal enterprise.
Legal Defenses That Might Work Against Your Nuisance Charge
When you’re facing a criminal charge as a property owner, it can feel like you’re being punished for someone else’s behavior. But a charge is not a conviction. The burden of proof is squarely on the prosecutor, and there are powerful defenses we can use to dismantle their case. My approach is to aggressively challenge the state’s evidence and narrative from day one. You are not a criminal, and we will work to prove it.
We will not let the government make you a scapegoat. A successful defense often hinges on showing a lack of knowledge or demonstrating that you took responsible actions. Many defenses to “Permitting Public Nuisance” in Minnesota focus on a simple premise: you cannot permit what you do not know about, and you should not be punished for trying to do the right thing.
You Did Not Have Knowledge of the Nuisance
The state must prove, with evidence, that you knew the nuisance was occurring. If they cannot prove your knowledge, they cannot win their case. This is often the most powerful defense available to a property owner.
- No Direct Knowledge: You were never notified by tenants, neighbors, or law enforcement about the specific conduct that constitutes the nuisance. If the first time you heard of the problem was when you received a criminal citation, we can argue that you had no opportunity to address it.
- Concealed Activity: The nuisance activity (such as illegal drug sales or storage of hazardous materials) was actively hidden from you by the tenant or perpetrator. You conducted your property inspections reasonably, but the illegal acts were not visible or apparent.
- Misleading Information: Your tenant or property manager may have deliberately lied to you about the situation, assuring you that any problems had been resolved when, in fact, they were ongoing.
You Did Not “Permit” the Nuisance
Even if you knew about a potential problem, the state must still prove you “permitted” it. We can fight this by showing that you took active, reasonable steps to stop the nuisance. This demonstrates that you were trying to be part of the solution, not the problem.
- Documented Warnings: You have records of emails, text messages, or certified letters you sent to the tenant demanding that the nuisance activity cease immediately.
- Legal Action Initiated: You consulted with an attorney and began the eviction process as soon as you had sufficient grounds to do so. The eviction process takes time, and you should not be held criminally liable while following the proper legal procedure.
- Police Involvement: You are the one who called the police to report your tenant’s or a trespasser’s conduct, showing you were actively trying to stop the nuisance rather than permit it.
The Activity Was Not a “Public Nuisance”
The prosecutor may be overreaching or caving to public pressure. We can argue that the alleged conduct, while perhaps annoying to a neighbor, does not meet the high legal standard of a “public nuisance” under Minnesota law.
- Isolated Incidents: The problem consisted of one or two isolated incidents, not a continuous condition that unreasonably annoys a “considerable number” of people.
- Private Dispute: The issue is actually a private dispute between two neighbors and does not affect the broader public’s health, safety, or comfort. The government should not be using criminal charges to settle a private disagreement.
- Reasonable Conduct: The activity in question—such as noise from a commercial business during operating hours—was reasonable and lawful for the type of property and its zoning.
Minnesota Permitting Public Nuisance FAQs — What You Need to Know Now
What exactly is a “public nuisance” in Minnesota?
A public nuisance is broadly defined by statute as a condition that “unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public.” This can include things like chronic loud noise, drug activity, illegal dumping, or other hazardous or offensive conditions.
Can I really be charged for my tenant’s actions?
Yes. Minnesota Statute § 609.745 specifically targets the person in control of the property, which is most often the landlord or owner. The law holds you responsible if you knew about the nuisance created by your tenant and failed to take reasonable steps to stop it.
Will I go to jail for a Permitting Public Nuisance charge?
Jail time of up to 90 days is a legal possibility for this misdemeanor offense. While less common for first-time offenders, a judge can impose it, especially if the underlying nuisance was particularly dangerous or if you have a prior record. A strong defense is your best protection against this outcome.
Do I need a lawyer for a nuisance charge in Minneapolis or St. Paul?
Absolutely. A nuisance charge is a criminal offense, not just a code violation. A conviction in Hennepin or Ramsey County results in a permanent criminal record. An experienced lawyer can navigate the local court system, negotiate with city attorneys, and fight to get the charge dismissed to protect your record and your rental licenses.
How can I prove I didn’t know about the nuisance?
Proving a negative can be challenging, which is why you need a skilled attorney. We can demonstrate a lack of knowledge by showing a lack of complaints, police reports you were never sent, and evidence that the tenant actively concealed their behavior from you during inspections or communications.
What if I was already trying to evict the tenant when I was charged?
This is a powerful defense. If you can show that you had already started the formal eviction process, we can argue that you were actively trying to abate the nuisance, not permit it. The legal eviction process in Minnesota takes time, and you should not be criminalized for following it.
Can a Permitting Public Nuisance conviction be expunged from my record?
Possibly, but expungement is a separate, lengthy legal process that is never guaranteed. The best course of action is to fight the charge aggressively from the start to avoid having a conviction on your record in the first place.
How will this charge affect my rental license?
Many cities in Minnesota, including Minneapolis and St. Paul, have ordinances that can lead to the revocation or non-renewal of a rental license following certain criminal convictions, especially those related to property management. A conviction for Permitting Public Nuisance could put your ability to rent out your properties at serious risk.
What is the difference between a public nuisance and a private nuisance?
A public nuisance affects the rights of the community as a whole (e.g., health, safety, comfort). A private nuisance interferes with the rights of a specific individual or small group of individuals (e.g., a tree branch from your yard falling on your neighbor’s roof). This charge deals specifically with public nuisances.
What if the “nuisance” was just a loud party?
A single loud party is unlikely to meet the legal definition of a public nuisance, which usually requires a more continuous or egregious condition. However, if parties are a recurring problem that generates numerous police calls, a prosecutor may argue it has become a public nuisance.
I own the property but have a property manager. Who is responsible?
This can be a key issue in your defense. We can argue that the day-to-day “control” of the property was delegated to the management company and that they were the ones with the knowledge and responsibility to act. The specific terms of your management contract will be very important.
What is the first step I should take after being charged?
Do not talk to the police, city investigators, or prosecutors. Anything you say can be misinterpreted and used against you. Your first and only step should be to contact a Minnesota criminal defense attorney who has experience with property-related offenses.
Can I be charged for a nuisance on vacant land?
Yes. If you have control of vacant land and you know, or should reasonably know, that it is being used for illegal dumping, unlawful encampments, or other activities that constitute a public nuisance, you can be charged for permitting it.
Does this apply to commercial properties as well as residential?
Yes. The law applies to any “real property.” This includes residential homes, apartment buildings, commercial storefronts, warehouses, bars, restaurants, and undeveloped land.
What if I don’t live in Minnesota but own property there?
You are still subject to Minnesota law. Being an out-of-state owner does not absolve you of the responsibility to control what happens on your property. Handling a criminal case from another state makes it even more critical to have a local Minnesota attorney representing your interests.
What a Nuisance Conviction Could Mean for the Rest of Your Life
A misdemeanor conviction for Permitting Public Nuisance is far more than a simple fine. It brands you as a criminal property owner, creating a stigma and a series of practical, long-term obstacles that can significantly harm your financial well-being and reputation in the community.
A Permanent Stain on Your Criminal Record
A conviction is a public, permanent mark on your criminal history. Every time a potential business partner, lender, or insurer runs a background check, this conviction will appear. It tells a story—fair or not—that you are a property owner who allows criminal or dangerous activity to fester. This can lead to lost opportunities and a constant need to explain a situation where you were likely not the primary wrongdoer.
Loss of Rental Licenses and Business Opportunities
For landlords, this is the most direct and devastating consequence. Cities across Minnesota have strict rules for maintaining a rental license. A criminal conviction related to your property can be grounds for immediate revocation or a refusal to renew your license, effectively putting you out of the rental business. For other business owners, a nuisance conviction can harm your reputation with customers and make it difficult to secure loans or expand your operations.
Difficulty Insuring and Selling Property
Insurance companies view a conviction for permitting a nuisance as a sign of high risk. You could face dramatically increased premiums or even be dropped by your insurer, making it difficult and expensive to maintain the required coverage for your properties. Similarly, when you try to sell the property, a history of nuisance issues and a criminal conviction tied to it can scare off potential buyers or devalue your asset.
Increased Scrutiny and Future Liability
Once you have a conviction on your record, you can be sure that city inspectors and law enforcement will be watching you and your properties much more closely. You will be on their radar. Any minor complaint in the future is more likely to escalate quickly into a more serious investigation or another criminal charge. This creates a stressful and hostile environment for managing your properties and running your business.
Why You Need a Tough, Experienced Minnesota Property Rights Attorney
When the government decides to press criminal charges against you for the actions of others, you are at a significant disadvantage. The prosecutor, city officials, and complaining neighbors are all aligned against you. To level the playing field, you need a powerful advocate in your corner—a private attorney who is solely focused on protecting your rights, your assets, and your future.
The Undivided Focus of a Private Attorney
Public defenders are dedicated lawyers, but they are often overwhelmed by crushing caseloads. They simply may not have the time or resources to dedicate to the nuances of a property rights case. As your private attorney, I handle a select number of cases so that I can provide you with the personal, focused attention you deserve. I will dig into the property records, interview the neighbors and police, and analyze the city’s evidence against you. You will work directly with me at every stage, ensuring your defense is built around the specific facts of your case.
Early Intervention Can Change Everything
The best time to fight a nuisance charge is before it gains any momentum. As soon as you are contacted by an investigator or receive a citation, you need to act. By hiring me early in the process, I can often intervene with the city or county attorney on your behalf. I can present evidence you were unaware of the nuisance or were actively trying to solve it. This proactive approach can lead to charges being dropped before they are ever formally filed, saving you the stress, expense, and public embarrassment of a court battle.
Deep Knowledge of Local Minnesota Courts
Every courthouse in Minnesota operates a little differently. The way a nuisance case is viewed by a prosecutor in Hennepin County can be vastly different from one in St. Louis County. I have defended property owners across the state, from the Twin Cities metro to Greater Minnesota. I understand the local politics, the specific city ordinances, and the tendencies of the prosecutors and judges in each jurisdiction. This localized knowledge is a critical asset in building a defense strategy that is tailored to the court where your case will be heard.
Building a Case to Win: My Goal is a Dismissal
My objective is not to simply negotiate a plea deal that leaves you with a criminal record. My goal is to win your case. I prepare every case with the expectation that we may have to go to trial. This means conducting a thorough investigation, filing aggressive motions to challenge the state’s evidence, and preparing to dismantle the prosecutor’s arguments in front of a jury. Whether we achieve a full dismissal, a not-guilty verdict at trial, or a diversion program that leaves your record clean, every action I take is aimed at achieving the absolute best outcome for you.