Minnesota Eviction Process

How to Evict a Tenant in Minnesota

Step 1: Submit an Eviction Notice to the Tenant

When starting the eviction process, issuing a formal eviction notice to the tenant is crucial. This notice alerts the tenant to violating the lease agreement or the landlord’s intention to terminate an at-will tenancy. Landlords must retain a copy of the eviction notice and document any evidence of serving it to the tenant.

According to Minn. Stat. § 504B, the specifics of the required eviction notice depend on the nature of the violation. 

Step 2: File an Eviction Lawsuit With the Court

If the tenant does not remedy the breach of the lease agreement or leave the property before the notice period is up, the landlord can file an eviction lawsuit with the court. An Eviction Action Complaint is used to notify the court of the lease violation and proceed with the eviction process.

Under Minn. Stat. § 504.321, the landlord can expect to provide all relevant information about the property, including the full name and address of the landlord/s, all identifying information about the tenant, and a description of the property. Furthermore, you should include:

• The specific grounds for eviction
• Any evidence of the violation leading to the eviction
• The start and end date of the lease
• The monthly rental amount
• What services and utilities are added to the monthly rent

In most Minnesota counties, the eviction lawsuit should be filed with the district court in the county where the property is located. However, Hennepin and Ramsey Counties have a specific housing court to hear landlord/tenant disputes.

Step 3: Court Summons to the Tenant

Once the court has received the landlord’s complaint, it will submit a summons to the tenant, notifying them that they must appear on a specific day if they intend to contest the eviction. According to Minn. Stat. § 504B.321, the court date should be between seven and 14 days of the summons. Furthermore, the summons should not be delivered on a holiday.

However, state law does allow for both expedited and delayed hearings. For cases in which the tenant was engaged in illegal activity that endangers the safety of others, their property, or the landlord’s property, the landlord can request an expedited hearing, which will occur between five and seven days from the date the notice was delivered.

The tenant can also request a continuance in cases where they need to secure a material witness for the trial.

Under Minnesota Civil Procedure Rule 4.03, the court will submit the notice by delivering it to either the tenant themselves or a person of reasonable age on the property. If the tenant has consented, the court may also deliver the notice to the tenant’s agent.

According to Minn. Stat. § 504B.331, the court can post the notice in a conspicuous location on the property for at least a week if the tenant is not in the county and cannot be found.

Step 4: Court Hearing

On the court appearance date, the landlord and the tenant will have the opportunity to present their cases and any relevant evidence. The judge, and if requested, the jury, will hear the case and make a decision.

If the case is decided in the landlord’s favor, the court will issue a Writ of Recovery of Premises and Order to Vacate, allowing the landlord to retake possession of the property. The Writ of Recovery of Premises is typically stayed or postponed for a reasonable period to give the tenant time to move out of the property. Most of the time, this is up to seven days.

However, Minn. Stat. § 504B.345 notes that if a tenant is causing a nuisance, engaging in illegal activity, or putting others or their property in danger, the notice could be carried out more quickly. The tenant may also request a stay of more than seven days in cases of extreme hardship.

Step 5: Writ of Recovery of Premises is Executed

Once the period provided by the stay of execution ends, if the tenant has not moved out, the Writ of Recovery of Premises will be submitted to a police officer. Under Minn. Stat. § 504B.365, the officer will post the Writ of Recovery on the premises, giving the tenant a final 24 hours to vacate the property.

If the tenant does not leave within those 24 hours, the officer will return to the property to forcibly remove them and any personal property from the premises.

Reasons for Eviction

Minnesota law allows landlords to evict tenants for several reasons. The two main categories are at-fault evictions and no-fault evictions.

At-Fault Evictions

An at-fault eviction occurs when a landlord needs to evict a tenant from the property for a reason related to their behavior, such as violating the lease agreement. Reasons for at-fault evictions include:

• Failure to pay rent
• Illegal activity on the property
• Significant damage to the property

1. Notice to Quit for Failure to Pay Rent

Overview

• Under Minn. Stat. § 504B.291, landlords can submit a notice to quit for failure to pay rent when a tenant fails to pay rent on time.
• This notice serves as a demand to take care of late rent payments and starts the eviction process.
• The notice period for standard tenancies is not specified by state law.
• Landlords should allow their tenants adequate time to catch up on late rent.
• State law does not specify a grace period for rent nonpayment, so landlords can submit the notice as soon as the tenant falls behind on payments.

2. 30-Day Notice to Quit for Failure to Pay Rent (20+ Year Tenancy)

Overview

• Minn. Stat. § 504B.291.2 specifies that a 30-day notice to quit for failure to pay rent should be used when a tenant has held a lease for over 20 years and falls behind on rent.
• This notice provides a tenant who has held a lease for the property for more than 20 years 30 days to take care of any late rent payments or move out.
• The notice period includes weekends and holidays.
• If a tenant is evicted for failing to catch up on late rent and other debts before the 30 days is up, but the tenant can make those payments within six months, state law allows them to be reinstated to the property.

3. Immediate Notice to Quit for Illegal Activity

Overview

• Under Minn. Stat. § 504B.171, an immediate notice to quit for illegal activity is used when a tenant engages in illegal activity on the property during the terms of the lease, including the use or possession of controlled substances, prostitution or prostitution-related activity, unlawful use or possession of a firearm, or possession of stolen property.
• This notice immediately terminates the tenant’s right to possession of the property and the lease agreement.

4. Immediate Notice to Quit for Substantial Damage to the Property

Overview

• Minn. Stat. § 504B.165 notes that in the case of “willful and malicious destruction of leased residential rental property,” landlords can use an immediate notice to quit to remove the tenant from the property.
• The notice informs the tenant that the lease is immediately ended and that the tenant no longer has any right to the property.
• The tenant’s eviction does not void the landlord’s other rights, including the right to seek restitution for damages knowingly caused by the tenant.

5. Notice to Quit for Non-Compliance

Overview

• Under Minn. Stat. § 504B.285(Subd. 4), landlords can issue a notice to quit for non-compliance to tenants who violate their lease, excluding rent non-payment. While eviction can proceed without prior notice, it’s recommended that the tenant first be notified and a resolution sought.
• Depending on the lease, the notice may allow the tenant a chance to correct the violation. Issuing this notice is optional, and immediate eviction is possible if the lease permits.
• No minimum notice period is statutorily required, but at least 30 days’ notice is advised.

No-Fault Evictions

A no-fault eviction occurs when a tenant has not committed an action that causes the landlord to need to remove them from the property but wants to do so anyway. Minnesota restricts no-fault evictions to the end of an at-will tenancy. This process may also be used when the lease period has expired and the landlord does not wish to renew the lease.

Notice to Quit for At-Will Lease Termination

Overview

• Under Minn. Stat. § 504B.135, a 30-day lease termination is used when a landlord wishes to terminate an at-will or month-to-month lease agreement.
• The terms of the statute state that this notice should provide the tenant with at least as long as the interval between the times rent is due or at least three months to vacate the property, whichever is less.

Eviction Timeline

Tenant Rights in Minnesota

Landlords must respect tenant rights in all their dealings with them. State law lays out several precise requirements that landlords must follow.

Self-Help Evictions

A self-help eviction occurs when a landlord takes action to remove the tenant from the property on their own without going through the full legal process. This may include:

• Turning off utilities
• Changing the locks
• Trying to force the tenant out of the property through physical force
• Threatening the tenant to make them leave the property

Minn. Stat. § 504B.221 forbids the unlawful termination of utilities, while Minn. Stat. § 504B.225 outlines the potential penalties for illegally ousting a tenant from the property.

Abandoned Property

If a tenant does not take all of their property with them following an eviction, Minn. Stat. § 504B.365 lays out what the landlord must do with the property, including:

• Storing the property either at the rental unit or at an alternate storage facility for at least 60 days
• Putting together an inventory of the possessions if they are stored on the rental property
• Allowing the tenant to pay for all costs and retrieve their within those 60 days

State law further notes that if the landlord causes damage to the tenant’s property, the landlord is liable for those damages if the tenant returns for their belongings during the 60 days.

Once the 60-day period is up, the landlord can hold a public sale of the tenant’s property.

Resources

• Affidavit of Personal Service – A sworn statement confirming that legal documents have been delivered in person to the relevant party or parties.
• Housing Court Additional Litigants Form – This form adds more parties to an existing case in housing court, either as co-plaintiffs or co-defendants.
• Eviction Answer Form – A formal written response from a tenant to the court and the landlord, addressing the claims made in an eviction action complaint.