Minnesota Eviction Notice Forms – Notice to Quit | PDF
Property owners may not lock tenants out of their rented residences or use other means to try to evict tenants themselves. Grounds for non-payment (Statute 504B.291) is the most common and requires a specific legal process that landlords must follow to evict tenants. An eviction is sometimes referred to as an “Unlawful Detainer”.
How to Evict a Tenant in Minnesota
Before you can commence an eviction, Minnesota requires that the related lease or another document state the name and address of the property manager and the person authorized to collect rent and accept service of process.
Sometimes the lease will state the notice period landlords are required to give, which is usually 14 days. If the lease does not state this, however, landlords must give tenants 30 days’ notice before filing the eviction action. If the rental arrangement does not involve a written lease, the landlord must give the tenant 14 days’ notice. No notice is required for eviction of tenants for selling, making, or possessing drugs on the property.
Next, if the tenant does not vacate the premises or pay rent within the notice period, the owner must file a Summons and Complaint with the local court. The Complaint must state:
- Complete names and addresses of the tenant and the owner
- Start date of lease
- Length of lease
- Reason for eviction
A process server must serve these documents to the tenant. The landlord cannot serve them personally.
The Summons states the date of the pretrial hearing. The parties must both appear at this hearing. They will state their cases briefly and may request a trial if they cannot resolve the dispute. If a trial is requested, usually it will occur within 14 days of filing the complaint, but it will occur sooner if the tenant denies the complaint in writing or makes counterclaims.
At the trial, the property owner must prove his case. For example, he or she must prove the lease expired, the specific lease violation, or that the tenant failed to pay rent. The landlord must also prove notice was properly given, if it was required.
If the tenant wins, the judge will issue a Writ of Recovery. The sheriff will serve this on the tenant, after which the tenant has 24 hours to vacate.
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