The Minnesota eviction notice forms are used to inform a tenant that landlord is giving them notice of a potential eviction action, either for failure to pay rent or some other breach or because the month-to-month tenancy term will expire in thirty days and tenant needs to vacate the property by then. In Minnesota, a landlord may seek eviction if tenant fails to respond to the notices by going to the Local District Court (in Hennepin and Ramsey counties, you should go to the local housing court) and file a Complaint (Form HOU102) and Summons. The landlord will then have to seek to have the tenant served with the summons and complaint by a process server. The hearing will be held within seven to fourteen days at which point the parties will present their cases. If the landlord prevails, the court will issue a writ of recovery which will allow a sheriff to remove the tenant with 24 hours notice.
Notices By State
14-Day Notice to Quit (Non-Payment of Rent) – This notice is used by the landlord to let the tenant know that rent is due and that they have 14 days to pay before landlord will file an eviction action.
30-Day Notice to Quit (Month to Month) – This form is used to give notice of the end of a month-to-month tenancy.
*Non-Compliance – There is no Statute 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.
When is Rent Due
In Minnesota, rent is due on the date specified in the lease and if it is not paid, 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 tenant pays the full amount owed, plus landlord’s costs to bring the eviction action.
How to Evict (Process)
Step 1 – Landlord must first notify the tenant of the landlord’s intention to seek eviction by providing notice:
Step 2 – If the tenant fails to respond in a satisfactory manner and continues to live in the premises, 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.
Step 3 – 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.
Step 4 – The landlord will have to file evidence of service of the tenant(s) at least three (3) days before the hearing.
Step 5 – In the event the landlord obtains a judgment in his or her favor, tenant will have to vacate. If the tenant fails to vacate, landlord may apply for a Writ of Recovery of Premises and Order to Vacate in order to have a sheriff move the tenant out.