A Minnesota Criminal Defense Lawyer Explains the Charges, Mandatory Fines, and Defenses Under § 609.33
You never imagined you’d be facing a charge like this. The term “Disorderly House” sounds like something out of an old movie, but the criminal complaint in your hands is very real and very serious. Perhaps you’re a landlord in Minneapolis whose tenant has been causing problems, and now you’re being held responsible. Maybe you’re a homeowner in a Rochester suburb whose college-aged child threw a few too many parties while you were away. Or maybe you’re a tenant in St. Paul, and the actions of your roommates have now put your own future in jeopardy. Whatever the circumstances, you are now accused of owning, operating, or maintaining a place where illegal activity habitually occurs, and the consequences are frightening.
This is more than just a noise complaint or a minor citation. A Disorderly House charge in Minnesota is a gross misdemeanor, a serious crime that comes with the threat of jail time and mandatory minimum fines. In some cases, a judge can even order you—as a condition of your pretrial release—to begin evicting a tenant before you’ve even had your day in court. The state wants to hold you accountable for the actions of others, and the law gives them powerful tools to do so. You do not have to face this alone. As a defense attorney with experience fighting for clients across Minnesota, from Duluth to Bloomington and St. Cloud, I know how to dismantle these charges and protect your rights, your property, and your future.
What “Disorderly House” Actually Means in Minnesota
In Minnesota, a “Disorderly House” charge has nothing to do with a messy or untidy home. It’s a legal term for a specific building or property where illegal conduct has become a pattern. Under the law, this charge can be brought if your property is a place where actions habitually—meaning repeatedly and as a matter of custom—occur in violation of laws related to four specific categories: the illegal sale of alcohol, gambling, prostitution, or the possession or sale of controlled substances. A single incident or a one-time party is not enough; the prosecutor must prove a pattern of illegal behavior connected to your property.
What makes these “Minnesota disorderly house charges” particularly dangerous is their broad reach. The law doesn’t just apply to the person committing the underlying crime. It targets anyone with a degree of control over the property. This includes property owners, landlords, leaseholders, tenants, business operators, and property managers. You can be charged for conduct you didn’t even personally participate in if the state believes you owned, operated, maintained, or even invited others to a place you knew or should have known was a disorderly house. A “facing [crime] accusation” like this requires a defense that understands how to break the link the state is trying to create between you and the illegal activity.
Minnesota Law on Disorderly Houses — Straight from the Statute
The legal foundation for the charge against you is Minnesota Statute § 609.33. This statute defines what constitutes a disorderly house and outlines who can be prosecuted and what penalties they face. It’s a law designed to give prosecutors significant leverage, particularly through its use of “prima facie evidence,” which allows a court to presume certain facts are true unless you can prove otherwise. Seeing the exact language of the law is the first step in building your defense.
Here are the most critical portions of the statute:
609.33 DISORDERLY HOUSE.
Subdivision 1. Definition. For the purpose of this section, “disorderly house” means a building, dwelling, place, establishment, or premises in which actions or conduct habitually occur in violation of laws relating to:
(1) the sale of intoxicating liquor or 3.2 percent malt liquor;
(2) gambling;
(3) prostitution as defined in section 609.321, subdivision 9, or acts relating to prostitution; or
(4) the sale or possession of controlled substances as defined in section 152.01, subdivision 4.
Subd. 2. Prohibiting owning or operating disorderly house. No person may own, lease, operate, manage, maintain, or conduct a disorderly house, or invite or attempt to invite others to visit or remain in the disorderly house. A violation of this subdivision is a gross misdemeanor.
Breaking Down the Legal Elements of a Disorderly House Charge
To convict you of operating a disorderly house, the prosecutor can’t just point to a single police report. They must prove several distinct legal elements beyond a reasonable doubt. Your defense starts by identifying which of these elements is the weakest and attacking it relentlessly. If the state’s evidence on any one of these points falls short, the entire case against you can crumble.
- Control Over the PremisesThe prosecution must first prove that you had a sufficient level of control over the property in question. This means showing you were the owner, leaseholder, manager, or operator. If you are a landlord who lives miles away or a co-tenant with limited control over what your roommates do in their own rooms, we can argue that you did not have the necessary level of operation or management required by the statute. Simply having your name on a deed or lease is not always enough.
- Habitual Unlawful ConductThis is the heart of the disorderly house statute and often the most critical element for your defense. The state must prove that the illegal activity—be it drug sales, prostitution, or illegal gambling—was happening habitually. A one-time party that got out of hand or a single discovery of drugs is not enough. The prosecution needs evidence of a pattern, a course of conduct that demonstrates the property was customarily used for illegal purposes. Without proof of habitual activity, there is no crime.
- Knowledge of the Unlawful ConductIn most cases, the state must also prove that you knew or reasonably should have known about the habitual illegal activity occurring on your property. This is a crucial element, especially for landlords or out-of-town owners. The statute tries to help the prosecutor by stating that evidence of after-hours liquor sales is prima facie evidence of knowledge, but this is a presumption that can be rebutted. Proving you were unaware of the problem is a powerful defense.
Penalties for a Disorderly House Conviction in Minnesota Can Be Severe
Don’t let the old-fashioned name fool you; a disorderly house conviction carries severe, modern penalties. It is a gross misdemeanor, which is a serious crime in Minnesota, and it comes with mandatory fines that the judge cannot waive. Understanding the full scope of the “penalties for [crime] in Minnesota” is essential to appreciating the importance of a strong defense from day one.
Gross Misdemeanor Penalties
A conviction for violating the disorderly house statute is a gross misdemeanor, punishable by up to 364 days in jail and a fine of up to $3,000. A judge has the discretion to sentence you to jail time, probation, or both, depending on the circumstances of your case and your criminal history.
Mandatory Minimum Fines
Unlike many other crimes, this statute includes mandatory minimum fines that escalate with each offense.
- First Conviction: A minimum fine of $300 (up to $3,000).
- Second Conviction: A minimum fine of $500 (up to $3,000).
- Third or Subsequent Conviction: A minimum fine of $1,000 (up to $3,000). These fines are in addition to any jail sentence the court imposes.
Forced Eviction as a Pretrial Condition
In one of the statute’s most unusual and aggressive provisions, if you are a landlord charged with owning or leasing a disorderly house where drug violations have occurred, the court can force you to start an eviction action against your tenant as a condition of your own pretrial release. This means you could be forced to take legal action against your tenants before your own case is even resolved, putting you in a difficult legal and financial position from the very beginning.
What a Disorderly House Charge Looks Like in Real Life — Common Scenarios in Minnesota
These charges can arise from a wide range of situations, often catching well-intentioned people by surprise. The common thread is a pattern of activity that attracts the attention of law enforcement, leading them to target not just the individuals involved, but the property itself.
The Landlord with a Problem Tenant in Minneapolis
You own a rental property in a vibrant Minneapolis neighborhood like Uptown or Dinkytown. You receive a few noise complaints about your tenant and maybe a call from a neighbor who suspects drug activity. You send a warning letter but don’t take further action. A few weeks later, the police execute a search warrant and find drugs. Because there’s evidence of ongoing activity, you, the owner, are charged with maintaining a disorderly house, even though you live across town and never set foot inside.
The College Party House in Duluth
You and your roommates are students at UMD or St. Scholastica and rent a house in Duluth. Throughout the school year, you host several large parties where alcohol is provided to other students, some of whom are underage. After neighbors repeatedly call the police, law enforcement documents a pattern of illegal alcohol provision. As the individuals on the lease, you are charged with operating a disorderly house, turning your college social life into a serious criminal matter.
The Weekly Poker Game in a Plymouth Suburb
You host a regular, friendly poker game in your basement in Plymouth or Maple Grove. To cover costs, you take a small percentage of each pot, known as a “rake.” What you don’t realize is that taking a rake makes your game illegal gambling under Minnesota law. If the game is a regular weekly event, your home could be legally defined as a disorderly house, and you could be charged for maintaining it.
The After-Hours Get-Togethers in St. Paul
Your apartment in St. Paul becomes the go-to spot for friends after the bars close at 2 a.m. You keep a stocked bar and charge your friends a few dollars per drink to cover the cost. This constitutes the illegal sale of intoxicating liquor. If this becomes a regular weekend occurrence, you have established a pattern that could lead to you being charged with conducting a disorderly house.
Legal Defenses That Might Work Against Your Disorderly House Charge
An accusation is not proof. The state carries the full burden of proving every element of a disorderly house charge. A skilled defense attorney knows how to challenge the state’s evidence, question their legal theories, and build a compelling case in your favor. There are numerous “defenses to [crime] in Minnesota,” and the right one for you depends on the specific facts of your case.
From my experience defending clients across Minnesota, from Eagan to Brooklyn Park, I know that these cases are often built on assumptions and weak evidence. The prosecution is trying to hold you responsible for the actions of others. Our job is to show the judge or jury why that is unfair, unjust, and unsupported by the facts. We will explore every avenue to get your charges dismissed or reduced and to protect your name.
It Wasn’t “Habitual”
This is often the most powerful defense. The state must prove a pattern of conduct, not just an isolated incident or two.
- One-Time Event We can argue that the alleged activity was a one-off event, such as a single loud party or a one-time discovery of contraband, that does not meet the legal standard of “habitual.” We will gather evidence, including witness testimony from neighbors, to show that the incident was an aberration, not the norm for your property.
- Unrelated Incidents Even if there were multiple police calls to your property, we can argue they were for separate, unrelated issues and do not form a cohesive “pattern” of the specific illegal conduct required by the statute. For example, a noise complaint one month and a domestic dispute the next do not create a habitual disorderly house.
You Had No Knowledge or Control
This defense is critical for landlords, property owners, or even tenants who were unaware of a roommate’s actions. The state must show you knew or should have known about the activity.
- Lack of Knowledge We can present evidence that you were completely unaware of the illegal conduct. This is especially strong for landlords who do not live at the property. We will demonstrate that you had no reason to be suspicious and that the activity was hidden from you.
- Reasonable Steps Taken We can show that as soon as you became aware of a potential problem, you took immediate and reasonable steps to fix it. This could include sending formal warning letters to tenants, calling the police yourself, or beginning the eviction process. This evidence directly refutes the idea that you maintained or condoned the illegal activity.
Challenging the Underlying Unlawful Act
A disorderly house charge is entirely dependent on proof of an underlying crime (drugs, gambling, etc.). If the state can’t prove that crime occurred, their case against you falls apart.
- Illegal Search If the only evidence of illegal activity was found during an unconstitutional search of your property, that evidence can be suppressed. For example, if police entered your home without a warrant or probable cause and found drugs, we can have that evidence thrown out, gutting the disorderly house charge.
- Insufficient Evidence of the Crime We can attack the state’s evidence of the underlying crime itself. Were the substances found actually controlled substances? Was the alleged poker game actually illegal gambling under the law? By creating reasonable doubt about the underlying crime, we can defeat the primary charge.
Minnesota Disorderly House FAQs — What You Need to Know Now
Facing a charge like this brings a flood of urgent questions. Here are clear answers to some of the most common concerns I hear from clients.
What does “habitually” actually mean in a Minnesota court?
There is no magic number, but “habitually” means a regular, repeated pattern of conduct, not just one or two isolated incidents. A prosecutor will try to use multiple police reports or witness statements to establish a pattern. Our job is to show that the conduct was infrequent, sporadic, or not part of a custom or practice.
I’m the landlord. How can I be charged for my tenant’s actions?
Minnesota law allows for landlords/owners to be charged if they “own, lease, operate, manage, or maintain” a disorderly house. The state will argue that by failing to stop the illegal activity, you were implicitly maintaining the property as a place for it to occur. This is why proving you took reasonable steps to stop the behavior is a critical defense.
Can I really be forced to evict my tenant before my case is even over?
Yes. For disorderly house charges involving drugs, § 609.33(6) gives a judge the authority to require you to start an eviction action against the tenant as a condition of your pretrial release from jail. It’s an incredibly aggressive tool that puts landlords in a very tough spot.
Is a single loud party enough for a disorderly house charge?
No. A single loud party, on its own, does not meet the “habitual” requirement. However, if there is a pattern of loud parties every weekend where illegal activity (like underage drinking or drug use) occurs, that could form the basis for a charge.
Do I have to be physically present for the illegal activity to be charged?
No. An owner or landlord who lives hundreds of miles away can still be charged if the state believes they knew or should have known about the habitual illegal activity and failed to take action to stop it.
Can these charges be dismissed?
Yes, absolutely. A dismissal is always the primary goal. By successfully arguing that the conduct wasn’t habitual, that you had no knowledge, or that the police conducted an illegal search, we can file motions to have the judge dismiss the entire case.
Do I need a lawyer for a gross misdemeanor in [City]?
Yes. A gross misdemeanor is a serious crime that stays on your record forever. Trying to navigate a disorderly house charge in Minneapolis, St. Paul, or any Minnesota court without an experienced criminal defense attorney is a massive risk. The mandatory fines and potential for jail time are too high to leave to chance.
How long does a disorderly house conviction stay on my record?
A conviction is a permanent part of your criminal record in Minnesota unless it is expunged. Expungement is a separate, lengthy legal process with no guarantee of success. The best strategy is always to prevent the conviction in the first place.
What is “prima facie” evidence?
“Prima facie” is a Latin term meaning “on its face.” When the law says something is prima facie evidence, it means the court can presume it to be true unless it’s disproven. In this statute, evidence of a drug sale is prima facie evidence of a disorderly house. Our job is to present contrary evidence to rebut that presumption.
What if I’ve already started to evict the problem tenant?
This is excellent evidence for your defense. It shows you are a responsible property owner who does not condone illegal activity. Taking proactive steps before you are charged is one of the best ways to demonstrate that you were not “maintaining” a disorderly house.
What’s the difference between this and a public nuisance charge?
While related, they are different. A public nuisance is often broader and may relate to conduct that is simply disruptive or annoying (like noise or blight). A disorderly house charge is more specific and requires proof of one of the four categories of habitual criminal activity.
Can I get the mandatory minimum fine waived?
No, the fines are set by the legislature and are mandatory upon conviction. The only way to avoid the fine is to avoid the conviction. This is why fighting the charge is so important.
What if I’m just a roommate and my name isn’t on the lease?
It would be much harder for the state to convict you. They must prove you had some level of control or management over the premises. If you are just a resident with no legal control, we can argue you do not meet the definition of an operator or maintainer under the statute.
Will a conviction affect my rental license?
Yes. A disorderly house conviction can be grounds for a city like Minneapolis or St. Paul to deny, suspend, or revoke your rental license, which could have a devastating impact on your livelihood as a property owner.
What should I do right now?
Exercise your right to remain silent. Do not speak to the police, investigators, or city officials about the allegations. Do not give them permission to search your property. Call a criminal defense attorney immediately to protect your rights.
What a Conviction Could Mean for the Rest of Your Life
A disorderly house conviction is a serious stain on your record that can have far-reaching consequences beyond the courtroom. The “life after a [crime] conviction in Minnesota” can be filled with unexpected obstacles, especially when the crime is linked to your property or business. You are fighting to protect your criminal record, your financial future, and your reputation.
Your Criminal Record and Future Employment
A gross misdemeanor conviction is a permanent red flag on any background check. Employers may be hesitant to hire someone with a conviction related to drugs, gambling, or prostitution. If you hold a professional license (e.g., as a realtor, teacher, or nurse), a conviction could trigger a review by your licensing board, potentially leading to suspension or revocation.
Impact on Your Property and Livelihood
For landlords and property owners, a disorderly house conviction is a direct threat to your business. It can make it difficult to get a rental license, obtain insurance, or secure financing. It creates a public record attached to your property that can diminish its value and create lasting problems with neighbors and the community. In the most extreme cases, properties with extensive histories of criminal activity can be subject to forfeiture proceedings.
Loss of Housing and Other Opportunities
If you are a tenant, a conviction can make it nearly impossible to find new housing, as landlords are often reluctant to rent to someone with a conviction for this type of offense. It can also create barriers to educational opportunities or other programs that require a clean criminal history.
Severe Immigration Consequences
For any non-citizen, a conviction for a disorderly house—especially one predicated on drug or prostitution activity—can be an immigration catastrophe. These are often considered Crimes Involving Moral Turpitude (CIMT), which can lead to the denial of a green card, prevent you from becoming a U.S. citizen, and even result in your deportation.
Why You Need a Tough, Experienced Minnesota Attorney
When you are facing a disorderly house charge, you are up against a statute designed to make the prosecutor’s job easy. You need a defense attorney who understands the unique challenges of these cases and knows how to fight back. You cannot afford an attorney who will be intimidated by the state’s prima facie evidence or who doesn’t understand the nuances of proving conduct wasn’t “habitual.”
A Private Lawyer Focused on Your Unique Case
Unlike a public defender juggling an overwhelming caseload, I am selective about the cases I take. This allows me to dedicate the necessary time and resources to personally investigate every detail of your charge. I will dig into the police reports, interview witnesses, analyze the alleged “pattern” of conduct, and build a defense tailored specifically to you—whether you’re a landlord, homeowner, or tenant. Your case will have my full attention.
Fast Action to Rebut the State’s Presumptions
The state will walk into court with a legal presumption in their favor. We need to act fast to gather the evidence needed to tear that presumption down. That means immediately documenting your efforts to control the property, securing witness statements from neighbors, and preserving any communications (like texts or emails) that show your lack of knowledge or your attempts to resolve the problem. A rapid, proactive defense is the best way to get ahead of the prosecution.
Deep Knowledge of Criminal and Property Law
Disorderly house cases live at the intersection of criminal law, evidence, and sometimes even landlord-tenant law. I have the experience to navigate all these areas. I understand how to challenge the state’s evidence on the underlying crime, how to argue against the “habitual” element, and how to use your actions as a responsible property owner to your advantage. This comprehensive understanding is crucial to building the strongest possible defense.
A Strategy Designed to Protect Your Record and Your Property
My objective is clear: to achieve the best possible outcome and protect you from the devastating consequences of a disorderly house conviction. I prepare every case for trial, building a robust defense that shows the prosecutor we are ready for a fight. This position of strength and preparation often leads to the best results—a full dismissal of the charges, a favorable negotiation that avoids a conviction, or a not-guilty verdict at trial. You need a fighter in your corner, and that is what I deliver.