Navigating Workspace Etiquette: Understanding Laws on Trespassing on Private Property in Minnesota

For those in the business world, the emphasis on privacy and respect for property is very high. But what happens when the premises you are in are not yours? When you’ve rented out a space for the day, week, or month, but the cost of rent doesn’t cover the entirety of your stay? What are your options? One of the keys to being a respected professional, and in having a good reputation, is understanding the allow and the disallow concerning the places that you choose to rent. Unfortunately, there are far too many instances of businesses taking their stay for granted and find themselves facing the law, as well as criticism from professional organizations. Indeed, one of the most unexpected aspects of running one’s own business is that the mundane quickly becomes exciting and what was once an afterthought becomes important. One example of this is found in the Minnesota state laws regarding trespass, particularly laws on criminal trespassing.

Trespass as Defined Under MN State Law

Trespass essentially involves any willful interruption of someone else’s property or land without the permission of the owner. Trespass can be charged as a Class “A” misdemeanor in Minnesota. Consider an example wherein a person walks into a residence without being given permission by the owner, enters a business to use the bathroom without permission or enters a construction site and vandalizes it. What is clear in these two examples is that even if the trespass was forgiven, it still qualifies as a Class “A” misdemeanor and will stay on record three years after the conviction. It is easy to see how this applies to business owners who take up residence in an office rental space only to become disruptive or even vandalize the property unknowingly.

The Issue with Trespassing

In the example of a rental space, not being the primary custodian or responsible party of the property is not the same as having completed permission to treat it exactly as you would if it were your own. As such, a business professional might move into an office rental space with high hopes only to end up ripping the carpet, damaging the furniture, breaking a window or simply being disruptive and loud. None of this is condoned. Even in the Wibowo Associates office, we take it very seriously when disrupting noise occurs.

Respect Is Essential

One of the first things that you should do when renting out a space is to inquire about the rules and guidelines. Check to see what is and isn’t acceptable, especially when it comes to visits from other professionals. For instance, if you are the only person in your office, then a visit from someone such as a lawyer or accountant may be allowed if requested. However, if others enter your space, then they must be accompanied. Another part of the general permissions may be simply ensuring that others do not enter the office without prior permissions. A common scenario when it comes to individuals taking charge of a space is that they may let a guest enter without first seeking permission. This is a violation of rights that could potentially be classified as criminal trespass. Keep in mind that anyone who is not an official part of the office is not allowed to stay longer than the required time and cannot be disruptive.

Seeking Permissions

Take the time to send a brief request to the property owner of the space you are renting out. Write out a request that asks them for permission to hold meetings in the space and to have guests accompany you during your time there. Ask them if you need to fill out additional forms to request space on a case by case basis.

Conclusions

The result of following the rules of the property is that you won’t be labeled as a trespasser and charged with a misdemeanor. You won’t have to worry about having a criminal record or be forced to find new offices every time you turn around. It certainly can be easy to take for granted the spaces you are trying to use for your business, however, it is important to remember that real estate laws in both the U.S. and Indonesia, as governed by the Hukum Ketatanegaraaan of the State, hold exactly the same principles concerning the respect of private property. A few questions to ask yourself concerning the space you rent out a question, the quantity of time you spend there, and who will be in attendance? At the end of the day, knowing the law is essential. Not only for yourself but also for your business and everyone associated with it.