Updated August 17, 2023
A Minnesota eviction notice is a letter written by a landlord seeking to evict a tenant for breaking the terms of their lease. The landlord will commonly send the notice that includes the details of how they can “cure” the issue and be in compliance with their lease again. A Minnesota landlord can legally file an eviction without giving notice to their tenant, the notice is more of a nice gesture to the tenant.
By Type (3)
Notice to Quit (Non-Payment of Rent) – Unlike most states which require a set number of days between rent being late and beginning eviction proceedings, Minnesota landlords can generally file immediately against a tenant who fails to pay rent.
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30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used to give notice of the end of a month-to-month tenancy.
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Notice to Quit (Non-Compliance) – There is no statute of law against a lease violation. Therefore the landlord is advised to notify the tenant on their own terms and if they do not comply they are allowed to seek a legal eviction immediately.
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Table of Contents |
Eviction Laws
- Rent Grace-Period: None. § 504B.291
- Non-Payment of Rent: None. § 504B.291 (14 days notice for “at-will” leases. § 504B.135(b))
- Illegal Activity: § 504B.171
- Substantial Damage to Property: § 504B.165
- Termination (Month-to-Month Lease): 1 payment interval or 3 months’ notice, whichever is less. (504B.135(a))
- Filing an Eviction: Chapter 504B (Landlord and Tenant) § 504B.281 – § 504B.371
Court Forms
Eviction Action Complaint (Form HOU102) – A landlord must fill out and file this form to start an eviction action against a tenant.
Eviction Action Answer (Form HOU202) – To contest an eviction action, a tenant will need to file an answer within the allotted time frame.
Writ of Recovery of Premises and Order to Vacate – If the landlord prevails against the tenant in court but the tenant refuses to vacate the landlord’s property, the landlord will need to obtain this form to request that the sheriff physically remove the tenant.
When is Rent Due
In Minnesota, rent is due on the date specified in the lease and if it is not paid, the landlord may seek to evict the tenant for non-payment of rent. However, a tenant can “pay and stay” even up to the hearing date as long as the tenant pays the full amount owed, plus the landlord’s costs to bring the eviction action.
How to Evict (5 steps)
- Provide Eviction Notice to Tenant
- File Summons and Complaint at District Court
- Serve Summon and Complaint on Tenant
- File Evidence of Service on Tenant
- Receive Court Judgment / Obtain Writ and Order
2. File Summons and Complaint at District Court
If the tenant fails to respond in a satisfactory manner and continues to live on the premises, the landlord may go to the Local District Court (in Hennepin and Ramsey counties, 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 each tenant. The court will provide a hearing date.
3. Serve Summon and Complaint on Tenant
Obtain the services of a process server to serve the Summons and Complaint on the tenant at least seven (7) days before the hearing date in accordance with 504B.331. The tenant will have the right to defend themselves and file the Answer (Form HOU202) before the trial date.
5. Receive Court Judgment / Obtain Writ and Order
In the event that the landlord obtains a judgment in his or her favor, the tenant will have to vacate. If the tenant fails to vacate, the landlord may apply for a Writ of Recovery of Premises and Order to Vacate in order to have a sheriff move the tenant out.