If you’re a landlord seeking to evict a tenant, use a Minnesota (MN) eviction notice to begin the process. Your eviction notice must be written according to Minnesota state law, and give your tenant the legally required amount of time to respond or move out.
In Minnesota, there is no statute that states how many days a tenant has to address (or “cure”) a lease violation. The landlord should provide the tenant with their own lease terms, and seek eviction based on those terms.
Eviction lawsuits in the state are governed by Chapter 504B of the Minnesota Statutes.
If the tenant doesn’t comply with the eviction notice, the landlord may file an eviction action in the Local District Court in the county where the property is located. However, in Hennepin and Ramsey counties, landlords should go to the local housing court.
For reference, a Minnesota Eviction Notice is also known as:
- Minnesota Notice to Pay Rent or Quit
- Minnesota Notice to Quit
- Minnesota Notice to Vacate
- Minnesota Lease Termination
Minnesota Eviction Notices by Type
Download a free eviction notice customized for Minnesota state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Minnesota, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease. If the tenant doesn’t move out within 30 days, you may file an eviction lawsuit.
Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Minnesota, landlords must specify in the lease the number of days’ notice they will give a tenant before proceeding with the eviction process. In that time, tenants may have the option to fix (or “cure”) the problem to avoid getting evicted.
14-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Minnesota, landlords must give tenants 14 days to pay rent before the eviction process can proceed in court. If the tenant pays within that period of time, you can’t terminate their lease.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Notice to Pay Rent or Quit: Use this notice to begin evicting a tenancy-at-will tenant if they haven’t paid rent on time. In Minnesota, landlords can choose how many days a tenant with no written lease agreement has to pay rent before proceeding with the eviction process.
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-days 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)
What is the Eviction Process in Minnesota?
An eviction action (otherwise known as a Unlawful Detainer Action) in Minnesota should be guided by Chapter 504B (Landlord and Tenant) § 504B.281 – § 504B.371. You can begin an eviction action by yourself, or through an attorney.
Prior to starting the eviction process, make sure you understand all related laws and requirements. Otherwise, please consult a lawyer to ensure all eviction actions you take comply with the laws of Minnesota.
Step 1: Send eviction notice
If the tenant fails to pay rent, violates the terms of the lease, or you want to end a month-to-month tenancy, you or your attorney 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 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 (7) days before the hearing date (according to 504B.331). You may not serve the tenant yourself.
The tenant has the right to 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 both the full amount owed and the landlord’s eviction process-related costs.
Step 4: Provide proof of service to the court prior to hearing
The landlord must file evidence of service of the tenant(s) at least three (3) days before the hearing.
For illegal activity evictions, the hearing is held 5-7 days after the summons are issued by the court. For all other evictions, the hearing is held 7-14 days after the court issues the summons.
Step 5: Court judgement
In the event that 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 who aren’t being evicted for illegal activities may request a 7-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 courthouse of the county 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 with 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.
Eviction Information for Minnesota Landlords and Tenants
The Minnesota court system provides online legal help, and has a section devoted to housing issues. The Attorney General of Minnesota offers a booklet on Landlords and Tenants Rights and Responsibilities. Mid-Minnesota Legal Aid also offers information on housing issues that can be useful to review for landlords and tenants alike.
It’s illegal for a landlord to evict a tenant without a court judgment. You cannot force a tenant out of the rental unit by using threats or coercion, changing the locks, or shutting off the utilities. This is considered “self-help”, and your tenant could sue you for damages if you attempt it.
It’s important to review the applicable laws governing eviction, and speak with a lawyer before proceeding. The Minnesota courts website provides landlord-specific guidance for evictions.
If you receive an eviction notice, read it carefully to understand the reason for it. The Minnesota court system provides eviction resources for tenants, which is helpful to review.
If the cost of hiring a lawyer is too expensive, law school clinics and legal aid groups, such as Mid-Minnesota Legal Aid, are available to help at affordable or no-cost rates. Additional information for tenants can be found at U.S. Hud Resources for Minnesota.