Marshall, Minn., Mun. Code art. 18-VIII (2026) § 18-150
Conduct On Registered Premises
Operative Text
The Owner, as registration holder, shall take such actions as are reasonably necessary to assist in the prevention of instances of disorderly conduct by tenants, members of tenant's household, occupants, members of occupants’ household and guests. For the purposes of this section, rental housing units shall include any common areas in the building where the rental housing unit is located. Disorderly Conduct. For the purposes of this section, disorderly conduct may include, but is not limited to, the following: Illegal activity involving controlled substances as defined in MN Stat. § 152.01, et seq., in the rental housing unit. Acts of violence or threats of violence including but not limited to discharge of firearms, prostitution, intimidation, assault, or any other act that otherwise jeopardizes the health, safety or welfare of the registration holder, his agents, tenants or any other person. Violation of Minnesota Statute, Section 609.72, prohibiting disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the registered premises or other premises, other than the unit occupied by the person(s) committing the violation. Violation of Minnesota Statutes 609.74 and 609.745 Public Nuisances. Violation of Minnesota Statutes 609.66, Subd. la, 609.67 or 624.713 Unlawful use or possession of a firearm or weapon. Violation of Minnesota Statute 609.50 Obstructing Legal Process. Violation of Marshall Code Chapter 14, Animals, Division 86-VI-4 Performance Standards, Noise, Chapter 42 Offences, and Chapter 50, Solid Waste. Violation of Minnesota Statutes 609.321-609.324, prohibiting prostitution and acts relating thereto. Violation of Minnesota Statutes 340A.401, prohibiting the unlawful sale of alcoholic beverages. Violation of Minnesota Statutes 340A.503, prohibiting the underage use of alcoholic beverages. Notice of Violations. First instance. Upon determination by the city that a rental housing unit was the location of disorderly conduct, the city shall notify the registration holder either by certified mail directed to the address of the registration holder as shown by the City’s registration application file or by e-mail as shown by the City’s registration application file with delivery notification and receipt requested when sending that email to the registration holder and direct the registration holder to take steps to prevent further violations. Second instance. If a second instance of disorderly conduct occurs at a rental housing unit within twelve (12) months of the time a notice was sent for previous disorderly conduct at the same unit, the city may notify the registration holder either by certified mail directed to the address of the registration holder as shown by the City’s registration application file or by e-mail as shown by the City’s registration application file with delivery notification and receipt requested when sending that email to the registration holder of the violation and direct the registration holder to submit, within ten (10) days of the date of the notice, a written report of all actions taken by the registration holder since the first violation notice and actions the registration holder intends to take to assist in the prevention of disorderly conduct. The registration holder shall notify the tenant or tenants within ten days of the notice of disorderly conduct violation. Third instance. If a third instance of disorderly conduct occurs at a rental housing unit within twelve (12) months after the first of two (2) previous notices of disorderly conduct at the same unit, the rental housing unit registration may be revoked, suspended, or not renewed by the city. The owner/representative has the right to appeal the decision as provided in the City of Marshall Administrative Procedure Section of the City Code. For purposes of this section, second and third instances of disorderly conduct shall be those which: Occur at the same rental housing unit; or Involve tenants at the same rental housing unit; or Involve guests or invitees at the same rental housing unit; or Involve guests or invitees of the same tenant; or Involve the same tenant. No adverse action shall be taken against the rental registration when the instance of disorderly conduct occurred during a pending eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the registration holder to a tenant to vacate the rental housing unit. However, adverse registration action may proceed when the registration holder fails to diligently pursue the eviction process. Further, an action to deny, revoke, suspend, or not renew a registration based upon violations of this section may be postponed or discontinued at any time if the registration holder has taken appropriate measures which will prevent further instances of disorderly conduct which may include a failed eviction process, or if the registration holder has proceeded in good faith to secure termination of the tenancy but was unsuccessful for reasons beyond the registration holder's reasonable control. In lieu of revoking, suspending or not renewing the rental registration, the city may require an action plan to be completed and complied with by the registration holder, or local property manager within a designated time frame which outlines the steps necessary to be taken and complied with in order to correct identified violations and the measures to be taken to ensure ongoing compliance with the city code and other applicable laws. Determining disorderly conduct. A determination that the rental housing unit has been the location of disorderly conduct shall be made by a preponderance of the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly conduct, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse registration action under this section. Enforcement. Enforcement actions provided in this section shall not be exclusive, and the city may take any action with respect to a registration holder, a tenant, or the registered rental housing unit(s) as is authorized by the City Code or state law. HISTORY Adopted by Ord. 24-003 on 2/13/2024
Marshall Art. 18-VIII § 18-150 establishes that registered rental property owners bear responsibility for taking reasonably necessary steps to help prevent disorderly conduct on their properties, including in common areas. Disorderly conduct is broadly defined to include illegal drug activity, acts or threats of violence, public nuisance violations, unlawful firearm possession, and several other categories of prohibited behavior under Minnesota statutes and local Marshall ordinances. When the city determines that disorderly conduct has occurred, it follows a graduated notice-and-response process that can ultimately result in the suspension, revocation, or non-renewal of a property's rental registration after three instances within a twelve-month period.
Plain English — not legal advice.
Under Marshall Art. 18-VIII § 18-150, compliant property owners generally maintain current contact information in the city's registration file so that certified mail or email notices of disorderly conduct can be received promptly. Upon receiving a first notice, operators typically document the corrective steps taken; upon a second notice within twelve months, they submit a written report within ten days and notify affected tenants within the same window. Owners who face a potential third-instance action may pursue an action plan approved by the city, or demonstrate good-faith eviction efforts, to avoid registration revocation or suspension—and appeals are available through the City of Marshall Administrative Procedure Section of the City Code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Marshall Art. 18-VIII § 18-150 affects tenants because disorderly conduct findings at a rental unit can trigger escalating city action against the property's registration, which may ultimately affect the tenancy. Tenants should be aware that the city's determination of disorderly conduct does not require a criminal conviction or even the filing of criminal charges, and a dismissal or acquittal does not automatically prevent registration action. Tenants who believe a notice or finding has been issued in error, or who have concerns about how this provision is being applied, may wish to consult a tenant-rights organization or review the appeal procedures outlined in the City of Marshall Administrative Procedure Section of the City Code.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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