Understanding Eviction Notices in Minnesota
Landlords in Minnesota must serve tenants with a written eviction notice before filing in court. The type of notice depends on the reason for eviction, such as unpaid rent, lease violations, or ending a month-to-month lease.
Use our document builder to create a personalized Minnesota eviction notice. Answer a few questions, then download your completed form in PDF or Word format.
Types of Eviction Notices in Minnesota
Minnesota landlords must use the correct notice type based on the lease violation or reason for ending the tenancy. The required timeframe depends on the issue and lease terms.
Notice to Quit for Non-Payment
This notice may also be used in lease agreements where a specific payment deadline is already outlined. It gives the tenant an opportunity to avoid legal proceedings by paying rent promptly.
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
Use this notice if the tenant has not paid rent. Under Minnesota Statutes Section 504B.135(b), landlords must give at least 14 days’ written notice before filing for eviction in at-will rental agreements.
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 if the tenant has violated the lease, such as causing damage, creating a nuisance, or breaking occupancy rules. Minnesota law does not specify a mandatory notice period, but reasonable notice is expected before filing an eviction under MN Stat § 504B.285.
Notice to Quit for Non-Compliance
Use this notice to address lease violations, potentially leading to tenant eviction.
30-Day Lease Termination
To end a month-to-month tenancy without cause, landlords must provide either 30 days’ notice or one full rental period—whichever is shorter—under MN Stat § 504B.135(a). This notice allows landlords to legally terminate an at-will lease without needing a violation.
30-Day Lease Termination
Issue this 30-day notice to end a month-to-month lease, ensuring compliance with state law and lease terms.
How to Evict a Tenant in Minnesota
Evictions in Minnesota follow the process outlined in MN Stat ch. 504B. Landlords must serve proper notice, file with the local District or Housing Court, and follow all required procedures to legally remove a tenant.
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 MN Stat § 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 court issues the summons. 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.
