Eviction Process in Minnesota
Evictions in Minnesota occur through an unlawful detainer action. The landlord must have a legitimate reason. The typical reasons in the state statutes for evictions are
- nonpayment of rent. Once rent is past due by as little as one day an eviction action can be filed
- breach of the lease(lease violations)
- tenant holding over after notice to vacate has been served and the last day of a tenancy has occurred.
The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes) Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”
Eviction Process in Minnesota
After the notice period has ended and the tenant is still in possession the landlord files a complaint against a tenant in District Court. The District Court schedules a court date which has to be at least seven days after the tenant has been served with the notice to appear in court. This notice has to be served on the tenant by someone other than the landlord. The court hearing itself must occur between seven and 14 days after the court issues a summons. At the hearing each side gets an opportunity to present its evidence and bring in witnesses on their behalf. After hearing both sides the judge renders a decision. If the tenant wins they return to good tenant status under the lease. If the landlord wins the judge will order the tenant to vacate the rental unit. The judge can order someone from law enforcement to enforce the eviction order. It the tenant is able to demonstrate that immediate eviction will create a substantial hardship on them the judge can allow up to a one-week delay. Tenants cannot receive delays if they are creating a nuisance or endangering the safety of other people or property.
If the eviction action is occurring because of back rent the tenant can still pay the past due rent plus interest +5 dollar attorney fee plus a cause of action (filing fees) plus the process server fee plus witness fees. If the eviction action is due to the tenant withholding the rent the judge may order the rent to be paid into the court. If the tenant later wins, the rent may be reduced or eliminated.
The landlord may also make a motion to drop the landlord’s case as being without meri. If the judge agrees the judge can expunge the eviction case from court records.
The landlord obtains a writ of recovery from the judge and this is posted on the property at least 24 hours before the actual eviction occurs. When the law-enforcement officer shows up, the eviction is performed anytime after that 24 hours have passed.
Eviction actions only obtain possession for the landlord. Money judgments have to be separately filed in Conciliation Court or District Court.
Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.
How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.
After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.
How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.
It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.
In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.
If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.
Other Useful Information Below
1) Types of tenancies
The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.
2) Bad mistakes that landlords make that can get them sued.
Click on the links below to see a quick summary of the problem
Health and safety Violations
Violations of Quiet Enjoyment
Unfair or Deceptive Trade Practices
3) Getting the laws of your state
This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.
It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, go to the home page of this site, and look at the top menu for the state laws. Click on the dropdown menu and then click on your state. You will get a link where you can download your state’s laws.
See paragraph above for context of the notices below. The paragraph begins “The eviction Notice”.
Letter of Eviction Notice
3 Day Notice to Quit
Landlord 30 Day Notice
3 Day Eviction
30 Day Eviction
3 day Eviction Notice
3 Day Notice of Eviction
Tenant Notice to Vacate
Notice to Tenant to Vacate
End Tenancy Letter
30 day Notice of Eviction
Notice to Vacate letter
3 Day Notice to Vacate
Notice to Tenants
Letter of Eviction
30 Day Notice to Vacate
Lease termination letter
Notice to Evict letter
Notice to Vacate
Notice For Eviction
Notice to End Lease
For the eviction process in other states, click the link below