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Minnesota Eviction Notice Forms (3)

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Minnesota Eviction Notice Forms (3)

Updated February 21, 2024

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 a notice detailing how they can “cure” the issue. A Minnesota landlord can legally file an eviction without giving their tenant notice, except when the tenant fails to pay rent.

By Type (3)

14-Day Notice to Quit (Non-Payment of Rent) – Landlords in Minnesota must issue 14 days’ notice before filing an eviction action in court against a tenant who fails to pay rent.

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Notice to Quit (Non-Compliance) – No statute of law against a lease violation exists. 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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30-Day Notice to Quit (Month-to-Month Tenancy) – This form gives notice of the end of a month-to-month tenancy.

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Table of Contents

Eviction Laws

  • Rent Grace Period: None.
  • Non-Payment of Rent: 14 days.[1]
  • Illegal Activity: Terms of Covenant.[2]
  • Substantial Damage to Property: Unlawful Destruction; Damages.[3]
  • Termination (Month-to-Month Lease): One payment interval or three months’ notice, whichever is less.[4]
  • Filing an Eviction: Landlord and Tenant.[5]

Prohibited Landlord Actions

Utility Shutoff – A landlord who unlawfully shuts off a tenant’s utility services is liable for up to $500 in damages and attorney’s fees.[6]

Changing the Locks – Unlawful exclusion or removal of a residential tenant includes “the removal of doors, windows, or locks.”[7]

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.

How to Evict a Tenant (5 steps)

  1. Provide Eviction Notice to Tenant
  2. File Summons and Complaint at District Court
  3. Serve Summon and Complaint on Tenant
  4. File Evidence of Service on Tenant
  5. Receive Court Judgment / Obtain Writ and Order

1. Provide Eviction Notice to Tenant

Overhead view of sheriff talking to tenant.

The landlord must first notify the tenant of the landlord’s intention to seek eviction by providing a notice:

2. File Summons and Complaint at District Court

If the tenant fails to respond satisfactorily 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 required fee of $285,[8] 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 days before the hearing date.[9] The tenant will have the right to defend themselves and file the Answer (Form HOU202) before the trial date.

4. File Evidence of Service on Tenant

The landlord must file evidence of service of the tenant(s) at least three days before the hearing.

5. Receive Court Judgment / Obtain Writ and Order

If the landlord obtains a judgment in his or her favor, the tenant must vacate. If the tenant fails to vacate, the landlord may apply for a Writ of Recovery of Premises and Order to Vacate to have a sheriff move the tenant out.

Sources

  1. Minn. Stat. § 504B.321(1a)(c)
  2. Minn. Stat. § 504B.171
  3. Minn. Stat. § 504B.165
  4. Minn. Stat. § 504B.135
  5. Chapter 504B (Landlord and Tenant) § 504B.281 – § 504B.371
  6. Minn. Stat. § 504B.221(a)
  7. Minn. Stat. § 504B.375(1)(a)
  8. Minnesota Judicial Branch – District Court Fees
  9. Minn. Stat. § 504B.331(a)