Fairmont, Minn., Mun. Code Ch. 27 (2026) § 27-13
Disorderly conduct prohibited
Operative Text
(a) The license 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 and guests. For the purposes of this section, rental housing unit shall include common areas in the building where the rental housing unit is located. (b) Disorderly conduct. For the purposes of this section, disorderly conduct may include, but is not limited to, the following: (1) Illegal activity involving controlled substances as defined in M.S. § 152.01 et seq., in the rental housing unit. (2) 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 licensee, his agents, tenants or any other person. (3) Violation of M.S. § 609.72, prohibiting disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one (1) unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation. (4) Violation of M.S. §§ 609.74 and 609.745, public nuisances. (5) Violation of M.S. § 609.66, Subd. 1.a., 609.67 or 624.713, unlawful use or possession of a firearm or weapon. (6) Violation of M.S. § 609.50, obstructing legal process. (7) Violation of Fairmont Code article 4, animals, article 15.2, noise, article 17, nuisances, and article 22, solid waste. (8) Violation of M.S. §§; 609.321--609.324, prohibiting prostitution and acts relating thereto. (9) Violation of M.S. § 340A.401, prohibiting the unlawful sale of alcoholic beverages. (10) Violation of M.S. § 340A.503, prohibiting the underage use of alcoholic beverages. (c) First instance. Upon determination by the city that a rental housing unit was the location of disorderly conduct, the city shall notify by first class mail the licensee and direct the licensee to take steps to prevent further violations. (d) 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 licensee by first class mail of the violation and direct the licensee to submit, within ten (10) days of the date of the notice, a written report of all actions taken by the licensee since the first violation notice and actions the licensee intends to take to assist in the prevention of disorderly conduct. The licensee shall notify the tenant or tenants within ten (10) days of the notice of disorderly conduct violation. (e) 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 license may be revoked, suspended or not renewed by the city. The owner/representative has the right to appeal the decision as outlined in section 2-25 of the Fairmont City Code. (f) For purposes of this section, second and third instances of disorderly conduct shall be those which: (1) Occur at the same rental housing unit; or (2) Involve tenants at the same rental housing unit; or (3) Involve guests or invitees at the same rental housing unit; or (4) Involve guests or invitees of the same tenant; or (5) Involve the same tenant. (f) No adverse action shall be taken against the rental license when the instance of disorderly conduct occurred during a pending eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the rental housing unit. However, adverse license action may proceed when the licensee fails to diligently pursue the eviction process. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if the licensee has taken appropriate measures which will prevent further instances of disorderly conduct which may include a failed eviction process, or if the licensee has proceeded in good faith to secure termination of the tenancy but was unsuccessful for reasons beyond the licensee's reasonable control. (g) In lieu of revoking, suspending or not renewing the rental license, the city may require an action plan to be completed and complied with by the licensee, manager or local agent 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. (h) 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 license action under this section. (i) Enforcement. Enforcement actions provided in this section shall not be exclusive, and the city may take any action with respect to a licensee, a tenant, or the licensed rental housing unit(s) as is authorized by this chapter or state law. (Ord. No. 2021-03 , 11-22-21)
Fairmont Ch. 27 Rental Housing Standards § 27-13 establishes that rental housing license holders are responsible for taking reasonably necessary steps to prevent disorderly conduct by tenants, household members, and guests in rental units and common areas. The provision defines a broad range of disorderly conduct, including drug activity, violence, weapons violations, noise, and nuisance offenses. A graduated response system applies: a first offense triggers a city notice, a second offense within twelve months may require a written corrective action plan, and a third offense within twelve months of the first notice can result in license revocation, suspension, or non-renewal.
Plain English — not legal advice.
Under Fairmont Ch. 27 § 27-13, license holders are generally expected to actively monitor and respond to disorderly conduct occurring in rental units and shared common areas, not merely react after the fact. Compliant operators typically document incidents, respond promptly to city notices by submitting written action plans within the required ten-day window, and notify affected tenants of violations within the same timeframe. Operators who are actively pursuing eviction proceedings or who can demonstrate good-faith efforts to address conduct issues may have adverse license actions postponed or discontinued, and the city may also accept a formal action plan in lieu of license revocation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fairmont Ch. 27 § 27-13 affects tenants because disorderly conduct by a tenant, household member, or guest can trigger a city notice to the landlord and, if repeated within twelve months, can ultimately put the rental license at risk—potentially affecting housing stability for all occupants of the property. Tenants should be aware that a determination of disorderly conduct under this section does not require a criminal conviction and can be made by a preponderance of the evidence. Tenants who believe a violation notice was issued in error or who have concerns about how this section is being applied may wish to consult a local tenant-rights organization or legal aid provider familiar with Fairmont's rental housing 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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