![Download Minnesota Eviction Notice Templates [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Feviction-notice-general.png&w=3840&q=75)
The Minnesota eviction notice is a document that notifies the tenant that they must leave the leased property before a certain deadline. The notice should also contain the reasons for the eviction and, optionally, the ways in which the tenant can remedy the violation and stop the eviction.
If the tenant doesn’t comply with the request in the eviction notice, the landlord can initiate the eviction procedure before the court by filing an eviction lawsuit. When filing the lawsuit, the landlord must attach a copy of the eviction lawsuit and proof of service.
Types of Eviction Notice in Minnesota
There are different types of eviction notices the landlord can use, depending on the type of lease and the reasons for the eviction.
Notice to Pay Rent or Quit
If the tenant fails to pay the rent on time, the landlord can issue an eviction notice. For the month-to-month lease, the landlord must give the tenant at least 14 days to pay the due rent or leave the property, while with other types of leases, they are not obliged to provide any notice period.
The tenant can stop the eviction process by paying the due rent and all the expenses that occurred until that moment.
Notice for Non-Compliance
The landlord can evict the tenant from the leased property for violating the lease agreement or the Minnesota landlord-tenant law.
The Minnesota Statute doesn’t provide the minimum deadline the landlord must provide the tenant with to leave the property before starting the eviction process. Therefore, unless such a deadline is provided in the lease agreement, the landlord can set the deadline at their own discretion.
Notice for Illegal Activities
This type of notice can be used in situations where the tenant has committed an illegal action at the leased property or uses the property to facilitate illegal activities. This can include but is not limited to prostitution, possession or production of illegal substances, unlawful use or storage of an illegal firearm, etc.
The landlord can give a deadline for leaving the property at their own discretion, and they are not obliged to offer the tenant an opportunity to fix the violation and stop the eviction.
Notice for Terminating the Month-to-Month Lease
If the tenant resides at the property without the set lease term, the landlord can terminate the lease agreement and evict the tenant without providing the reasons.
However, the landlord should provide advance notice before the eviction. In the case of a month-to-month eviction, the landlord must give the tenant at least 30 days to leave the property.
Eviction Laws and Requirements in Minnesota
Laws & Requirements
Rent Payment Grace Period: Not provided in the Minnesota Statute.
Notice for Rent Non-Payment: Not provided in the Minnesota Statute, except for a 14-day notice for “at-will” leases. (§ 504B.135(b))
Notice for Illegal Activity: Not provided in the Minnesota Statute.
Notice for Termination of Periodic Lease: 1 rent payment interval or three months, whichever is less. (504B.135(a))
Eviction Procedure: Chapter 504B (Landlord and Tenant).
When is Rent Late in Minnesota?
In Minnesota, the rent is late on the first day after the due date. In practice, if the rent is due on the 1st of the month, it is considered late on the 2nd day of the month. Therefore, it is important to precisely define the rent payment due date in the lease agreement.
The Minnesota Statute doesn’t provide any grace period for the rent payment, and there is no payment delay during the weekend or state and national holidays.
Grounds for Eviction in Minnesota
The landlord in Minnesota can use the following reasons to evict the tenant:
Grounds for Eviction
If the tenant fails to pay the rent on time
When the tenant violates the lease agreement
In case the tenant violates the Minnesota landlord-tenant law
If the tenant commits an illegal activity at the leased property
In case the landlord wants to terminate the tenancy at will or periodic tenancy (week-to-week or month-to-month)
Eviction Process in Minnesota
An eviction process in Minnesota starts when the landlord files an eviction lawsuit before the court. However, before starting the court procedures, the landlord must first send a notice to the tenant, giving them the option to voluntarily vacate the property.
This is how the process goes down:
#1. Write a Notice
The landlord must write a Minnesota eviction notice that includes the following elements:
Mandatory Information
Reason for the eviction
Deadline by which the tenant must vacate the property
The way in which the tenant can remedy the violation and stop the eviction (optional)
Such an eviction notice can be served on the tenant in person, by posting it in a conspicuous place, or via certified mail. In each scenario, the landlord must have proof that the notice was delivered to the tenant.
#2. File the Complaint
If the tenant doesn’t leave the property within the provided deadline, the landlord can move on and file an eviction lawsuit. They should fill out the complaint and summons form and submit it to the local court, according to the location of the property.
#3. Serve the Tenant
The sheriff or other authorized body serves the complaint and summons on the tenant. In this way, the tenant gets informed about the eviction proceedings and court hearing date. If the reason for eviction is an illegal activity, the court can serve the summons no later than 24 hours before the hearing date, while for other reasons, this deadline is seven days.
#4. Wait for the Court’s Judgment
If the tenant fails to appear for the court hearing, the court will issue a default judgment in the landlord's favor. If both parties appear, the court will hear their arguments and issue a judgment. Each party has the right to appeal within 15 days from the moment the court issues the judgment.
If the tenant doesn’t leave the property after the judgment, the court will issue a Writ of Recovery. This document authorizes the sheriff to forcefully remove the tenant from the property.
Other Eviction-Related Forms in Minnesota
Besides the eviction notice, the parties can use other eviction-related forms in the eviction court procedure.
Other Eviction-Related Forms
Eviction Action Complaint Form. The landlord can use this form to initiate eviction proceedings before the court. It contains basic information about the landlord and the tenant, details of their lease agreement, and details about their dispute.
Eviction Action Answer. The tenant can use this form to answer the landlord’s claims and provide their arguments in the eviction process.
Writ of Recovery of Premises. This document serves as the last warning to the tenant to leave the leased property, and it gives the sheriff or other relevant body the authority to forcefully evict the tenant from the property.
Eviction Information for Landlords in Minnesota
The landlord cannot use illegal methods when evicting the tenant. If they do so, they can be obliged to compensate the tenant with up to three times the actual damages, or $500, whichever is greater, plus reasonable attorney’s fees.
The following actions are considered illegal in Minnesota:
Eviction Information for Landlords
Removing the tenant’s belongings from the leased property
Shutting off the utilities at the leased property
Changing the locks at the leased property
Initiating the eviction as a retaliatory or discriminatory measure
Eviction Information for Tenants in Minnesota
When receiving the Minnesota eviction notice, the tenant should make sure the notice contains the reason for the eviction, the deadline by which the tenant must leave the property, and, optionally, the way in which the tenant can remedy the violation and stop the eviction.
If the notice doesn’t contain the reason for the eviction or the provided reason is not listed in the Minnesota landlord-tenant law as a reason for the eviction, the tenant can use this to dismiss the eviction proceedings against them.
How to Write an Eviction Notice in Minnesota
Minnesota Eviction Notice Checklist
Minnesota Eviction Notice FAQ
In Minnesota, you can file an eviction notice for the following reasons:
If the tenant fails to pay the rent
When the tenant violates the lease agreement or the Minnesota landlord-tenant law
If the landlord wants to terminate the periodic tenancy or tenancy at will
The Minnesota eviction notice is required because it is a document that the landlord must issue before initiating any further eviction-related action. When submitting the eviction lawsuit, the landlord must submit a copy of the eviction notice and proof that it was delivered to the tenant.
It can take between 2 and 12 weeks, depending on the:
Type of lease
Reason for eviction
Actions of the tenant in the eviction process
If the reason for eviction is a lease violation or illegal activity, the notice duration is up to the discretion of the landlord, meaning that they can even issue a 3-day eviction notice.