Minnesota Eviction Notice
A Minnesota eviction notice is a legal document used by landlords to inform tenants of a violation of the lease agreement, such as non-payment of rent or lease violations. This notice outlines the reason for eviction and provides a specific timeframe for the tenant to address the issue or vacate the premises.
Minnesota Eviction Notice
Types of Minnesota Eviction Notices
Minnesota law recognizes several types of eviction notices, each applicable under specific circumstances:
1. 14-Day Notice to Quit for Unpaid Rent
- Grounds: Non-payment of rent.
- Details: Landlords can issue this notice the day after rent is due, with no grace period. The tenant must pay all past due rent or vacate within 14 calendar days of receiving the notice.
2. Notice to Comply or Vacate
- Grounds: Lease violations that are curable.
- Details: This notice demands correction of a lease violation, allowing the tenant a chance to fix the issue before eviction.
3. Notice to Vacate for Illegal Activity
- Grounds: Incurable lease violations, such as illegal activities on the premises.
- Details: The tenant must vacate by the date specified in the notice, with no opportunity to correct the violation.
4. Notice to Vacate for Unlawful Destruction
- Grounds: Malicious destruction of property.
- Details: The tenant must vacate immediately, as this notice does not allow for corrective action.
5. 30-Day Notice to Vacate
- Grounds: Termination of month-to-month or yearly leases.
- Details: The landlord must provide at least 30 days’ notice before termination.
Legal Grounds for Eviction
Evictions in Minnesota can occur for several reasons, including:
- Nonpayment of Rent: Requires a 14-day notice.
- Lease Violations: A reasonable amount of notice is required, depending on the nature of the violation.
- Termination of Month-to-Month Lease: Requires a 30-day notice.
Eviction Process in Minnesota
The eviction process in Minnesota involves several key steps that landlords must follow:
Step 1: Provide Eviction Notice
- Landlords must serve the appropriate eviction notice to the tenant, specifying the grounds for eviction and the timeframe for compliance.
Step 2: File Summons and Complaint
- If the tenant does not comply, the landlord can file a Summons and Complaint at the Local District Court (or Housing Court in Hennepin and Ramsey counties). The landlord must pay a filing fee of $285.
Step 3: Serve Summons and Complaint
- The landlord must hire a process server to serve the Summons and Complaint on the tenant at least seven days before the hearing date.
Step 4: File Evidence of Service
- The landlord must file proof of service with the court at least three days before the hearing.
Step 5: Court Judgment
- If the court rules in favor of the landlord, a Writ of Recovery of Premises and Order to Vacate will be issued, requiring the tenant to vacate the property within 24 hours.
Important Considerations
- Grace Period for Rent Payment: There is no grace period for late rent unless specified in the lease agreement.
- Legal Compliance: All eviction notices must comply with Minnesota state laws to be valid.
- Self-Help Evictions: Landlords cannot forcibly evict tenants without following the legal process.
Statutes
- Minn. Stat. § 504B.177 – Late Fees
- Minn. Stat. § 504B.178 – Interest on security deposits; withholding security deposits; damages; limit on withholding last month’s rent
- Minn. Stat. § 504B.118 – Receipt for rent paid in cash
- Minn. Stat. § 504B.173 – Applicant screening fee
- Minn. Stat. § 504B.175 – Prelease deposit
- Minn. Stat. § 504B.111 – Written lease required; penalty
- Minn. Stat. § 504B.115 – Tenant to be given copy of lease
- Minn. Stat. § 504B.145 – Restriction on automatic renewals of leases
- Minn. Stat. § 504B.425 – Judgment
- Minn. Stat. § 504B.172 – Recovery of attorney fees
- Minn. Stat. § 504B.135 – Terminating tenancy at will
- Minn. Stat. § 504B.211 (Subd 2) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.211(Subd 4) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.211 (Subd 5) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.211 (Subd 6) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.225 – Intentional ouster and interruption of utilities; misdemeanor
- Minn. Stat. § 504B.375 – Unlawful exclusion or removal; action for recovery of posession
- Minn. Stat. § 504B.381 – Emergency tenant remedies action
- Minn. Stat. § 504B.155 – Tenant must give cold weather notice before vacation of building
- Minn. Stat. § 504B.161 – Covenants of landlord or licensor
- Minn. Stat. § 504B.181 – Landlord or agent disclosure
- Minn. Stat. § 504B.195 – Disclosure required for outstanding inspection and condemnation orders
- Minn. Stat. § 504B.171 (Subd 1) – Covenant of landlord and tenant not to allow unlawful activities
- Minn. Stat. § 504B.171 (Subd 2) – Covenant of landlord and tenant not to allow unlawful activities
- Minn. Stat. § 504B.206 (Subd 1(b))
- Minn. Stat. § 504B.206 (Subd 3)
- Minn. Stat. § 504B.206 (Subd 4)
- Minn. Stat. § 504B.385 (Subd 2) – Rent escrow action to remedy violations
- Minn. Stat. § 504B.441 – Residential tenant may not be penalized for complaint
FAQs
A Minnesota eviction notice is a legal document used by landlords to inform tenants of lease violations, such as unpaid rent or other breaches of the rental agreement. It serves as a formal demand for the tenant to comply with the lease terms or vacate the premises within a specified timeframe.
In Minnesota, there are several types of eviction notices, including the 14-Day Notice to Quit for non-payment of rent, the Notice to Comply or Vacate for lease violations, and the 30-Day Notice to Vacate for month-to-month leases. Each notice type has specific requirements and timeframes for tenant compliance.
A tenant has 14 calendar days to either pay the past due rent or vacate the property after receiving a 14-Day Notice to Quit for unpaid rent. If the tenant does not comply within this period, the landlord may proceed with eviction proceedings.
To evict a tenant in Minnesota, a landlord must first provide the appropriate eviction notice. If the tenant does not comply, the landlord can file a Summons and Complaint at the local district court, serve the tenant with these documents, and then attend a court hearing where a judgment will be made.
In Minnesota, a landlord can file for eviction without prior notice only in specific situations, such as illegal activity or substantial damage to the property. However, for non-payment of rent, a 14-day notice is required.
If a tenant does not vacate the property after the eviction notice period expires, the landlord can file an eviction lawsuit, known as an Unlawful Detainer. If the court rules in favor of the landlord, a Writ of Recovery of Premises may be issued, allowing law enforcement to remove the tenant.
A Minnesota eviction notice must include the tenant’s full name and address, the reason for eviction, the amount due if applicable, the timeframe for compliance, and the landlord’s contact information. Specific language regarding tenant rights and resources for legal assistance must also be included.
A Minnesota eviction notice can be served by hand delivery to the tenant at the rental property or by mailing it to the tenant’s address. If mailed, the notice period is extended by three days to account for delivery time.
If an eviction notice is not served correctly, it may not be legally recognized, which can lead to delays or dismissal of the eviction case. Proper service is crucial to ensure that the eviction process can proceed smoothly.