Outline of the eviction process in Minnesota

For landlords and property managers · Updated May 2025

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy, subject to local rules).
• Law: Minn. Stat. § 504B.001 to § 504B.471 (Landlord and Tenant); local ordinances.

2. Notice to Quit

• Written Notice to Quit or Vacate served:
  • Non-payment: 14-day notice to pay or vacate (or shorter per lease).
  • Lease violation: 14-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 30-day notice (or one rental period).
  • No-fault/end of lease: 30-day notice.
  • Illegal activity: Immediate or 7-day notice to vacate (no cure).
  • Holdover: 14-day notice to vacate.
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 14 days) or fixing violation (within 14 days).

3. Filing the Eviction Case

• File Eviction Action Complaint (Form HOU102) in District Court (Housing Court in Hennepin/Ramsey Counties).
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$250–$320 (varies by county).
• Timing: After notice period expires (e.g., 15th day for 14-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 7 days before hearing.
• Methods: Personal delivery, left with resident (age 14+), or mailed (certified mail).
• Tenant must appear or file Answer (Form HOU103) by hearing date.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Recovery if landlord wins.
• Appeal: 7 days to Court of Appeals (requires bond).
• Writ issued: ~1–7 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; landlord stores belongings (28 days).
• Tenant can reclaim property by paying storage costs.
• Law: Minn. Stat. § 504B.365.

8. Tenant Protections

• Rights:
  • Cure violations (14 days), right to redemption, defenses (retaliation, discrimination, uninhabitable conditions).
  • Local just-cause rules (e.g., Minneapolis, St. Paul), tenant organizing protections.
  • No self-help evictions (landlord penalties up to 2x rent or $500).
• Resources:
  • HOME Line (612-728-5767), homelinemn.org, mncourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: Minn. Stat. § 504B.001 to § 504B.471; mncourts.gov; homelinemn.org.