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.
Use this notice to warn tenants of lease termination due to unpaid rent, potentially avoiding court disputes.
Issue this notice to tenants who haven't paid rent, giving them 14 days to pay or vacate to avoid eviction.
Use this notice to address lease violations, potentially leading to tenant eviction.
Issue this 30-day notice to end a month-to-month lease, ensuring compliance with state law and lease terms.
An eviction action (otherwise known as an Unlawful Detainer Action) in Minnesota is governed by Chapter 504B of the Minnesota Statutes.
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.
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.
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.
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.
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.
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.
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