A Minnesota eviction notice, prepared by landlords, initiates the eviction process for reasons like unpaid rent or lease violations. It must adhere to state law, specifying the eviction reason and allowing a legal timeframe for tenant response or property vacation. If unresolved, this may lead to court proceedings.
By Type
Notice to Quit for Non-Payment
Use this notice to warn tenants of lease termination due to unpaid rent, potentially avoiding court disputes.
14-Day Notice to Quit for Non-Payment
Issue this notice to tenants who haven't paid rent, giving them 14 days to pay or vacate to avoid eviction.
Notice to Quit for Non-Compliance
Use this notice to address lease violations, potentially leading to tenant eviction.
30-Day Lease Termination
Issue this 30-day notice to end a month-to-month lease, ensuring compliance with state law and lease terms.
Eviction Laws & Requirements
- Eviction Lawsuit: Chapter 504B (Landlord and Tenant) § 504B.281 – § 504B.371.
- Grace Period for Rent Payment: Unless otherwise stated in the lease agreement, there is no grace period for late rent (§ 504B.291).
- Late or Non-Rent Payment Notice: 14-day notice for “at-will” leases (§ 504B.135(b)).
- Illegal Activity: Immediate (§ 504B.171).
- Substantial Damage to Property: Immediate (§ 504B.165).
- Lease Termination (Month-to-Month): 1 payment interval or 3 months’ notice, whichever is less (504B.135(a)).
How to Evict a Tenant in Minnesota
An eviction action (otherwise known as an Unlawful Detainer Action) in Minnesota is governed by Chapter 504B of the Minnesota Statutes.
Step 1: Send Eviction Notice
If the tenant fails to pay rent, violates the lease terms, or you want to end a month-to-month tenancy, you must first provide the appropriate type of eviction notice. The type of Minnesota eviction notice you select depends on the violation and the provisions in the lease. It should be sent by first-class certified mail so there’s a record of the tenant receiving it.
Step 2: File the Initial Court Documents For an Eviction Action
If the tenant fails to respond to the notice and continues to live on the property, the landlord may go to the Local District Court (or in Hennepin and Ramsey Counties, the Housing Court) and obtain a summons and Complaint (Form HOU102). Fill the forms out as directed, pay the requisite fee, and make a copy for your tenant. The court will provide a hearing date.
See instructions on Eviction Action Complaint.
Step 3: Serve the Tenant
You must hire a process server or have the sheriff serve the Summons and Complaint on the tenant at least seven days before the hearing date (according to 504B.331). You may not serve the tenant yourself.
The tenant can defend themselves and file the Answer (Form HOU202) before the trial date. When the basis for eviction is non-payment of rent, a tenant can “pay and stay” up to the hearing date. if they pay the full amount owed and the landlord’s eviction process-related costs.
Step 4: Provide Proof of Service to the Court Before Hearing
The landlord must file evidence of service of the tenant(s) at least three days before the hearing. For illegal activity evictions, the hearing is held five to seven days after the summons are issued by the court. For all other evictions, the hearing is held seven to 14 days after the court issues the summons.
Step 5: Court Judgment
If the landlord obtains a judgment in their favor, the court will immediately issue a Writ of Recovery of Premises and Order to Vacate. At this point, the tenant has to vacate the property within 24 hours. Tenants not being evicted for illegal activities may request a seven-day Stay of Execution if moving out immediately would be a hardship.
If the tenant still hasn’t left the property when the time is up, the landlord must schedule a move-out date with the sheriff and notify the tenant of that date and time.
Related Minnesota Court Forms
Minnesota provides a complete list of all eviction forms, both PDF and Fillable Smart forms, on the Minnesota Courts website. If you’re located in either Hennepin or Ramsey County, please use the district-specific HOU103 form found on the Minnesota Courts website. You may be able to eFile, depending on your case as well.
- Eviction Action Complaint Form HOU102: The complaint must be completed by the landlord or their lawyer and include the reason(s) for eviction. It must be filed at the county’s courthouse, where the property is located.
- Affidavit of Personal Service Form HOU106: This form must be completed by the landlord or their lawyer and filed with the court at least three (3) days before the eviction hearing.
- Housing Court Additional Litigants Form HOU125: If there are multiple tenants, you may add them to this form.
- Eviction Answer Form HOU202: The official form in which the tenant may confirm or deny the allegations made by the landlord in the complaint form.
