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Making a Minnesota Eviction Notice
Eviction Notices are used in Minnesota to inform a tenant that you want to end the tenancy agreement. It is most often used when rent is not paid. They can also be used if the tenant has violated the lease agreement or you do not want to renew a lease agreement.
Use the Minnesota Eviction Notice document if:
Minnesota Eviction Notices start the eviction process. If the tenant does not comply with the terms of the notice, you can file a complaint with the courts.
Other names for this document in Minnesota include: Notice to Quit, Notice to Terminate Tenancy, Notice to CureWhen to use an Eviction Notice
An Eviction Notice is the first step in the formal eviction process. The Eviction Notice may be prompted by late rent payments, a violation of the lease agreement, or the expiring of a lease agreement. Eviction Notices can also be used to end a month-to-month rental situation.
Our document builder can make a Notice to Quit, Notice to Terminate Tenancy and Notice to Cure for cause and no cause evictions suitable to the laws in Minnesota. The Notice to Quit is for those who are late paying rent. The Notice to Terminate Tenancy is for those who are renting month-to-month or whose lease has expired. A Notice to Cure is for those who have violated the terms of their lease.
To make these Eviction Notice forms, you need to submit the following information:
After you submit the above information, the document will automatically generate with required legal language. You can download the form in PDF or Word format. If you need to edit the document, you can log in to your account and change it at any time. If you need a different type of property management document, see our essential landlord documents.
It is in your best interest to try your best to ensure that your tenant receives the notice. You can deliver it in person to the tenants or to another adult who lives at the residence. If you are not able to deliver it in person, you can post it to the main door or mail it. Record all attempts and the delivery date for your records.
To file for a court-ordered eviction in Minnesota, you need to complete and sign an Eviction Action Complaint. This form can be filed electronically or you can file it at the local courthouse. When you submit the form you will be issued a summons. A summons is your court date. You have to send a copy of the Complaint and the Summons to each tenant (even if they are spouses). You cannot deliver the summons. It needs to be another adult or a professional process server. You'll need proof of delivery in the form of an Affidavit of Service. You'll need to file the Affidavit of Service with the courts before the hearing. If personal delivery options fail, the documents can be mailed or posted in an obvious location such as the front door. Keep track of all delivery attempts for your records.
No, despite the bitterness of the Minnesota winters, you can evict tenants during the winter months. There are requirements when it comes to providing heat though. Heat sources are required to be functional October 15 through April 15. Ths Cold Weather Rule is implemented by the Minnesota Public Utilities Commission, but the rule has nothing to do with evictions.
No, you can not force a tenant to move without following the correct legal procedures. While you can certainly have civil conversations about your tenant moving because you are not going to renew the lease or selling the building, you cannot bully them into moving out. You can also make payment arrangements with them. But you cannot use strongarm tactics to try to "make" them move.
In all states, including Minnesota, landlords cannot use these kinds of "self-help" eviction tactics:
You also cannot evict based on discrimination or retaliation. If you use these kinds of strategies, you could end up losing your eviction case. If you are not sure what might be considered harassment or discrimination, ask a lawyer. We also provide reduced-cost legal services if neededMinnesota Evictions: Tenant Rights
While most landlord-tenant laws seem to lean towards the landlord's favor, tenants in Minnesota do have rights. You have the right to be informed as to why you are being evicted and you can contest an eviction in court. Reasons you may choose to contest an eviction include the landlord not managing the eviction procedures correctly, evictions based on discrimination or evictions based on retaliation. In some cases, you may be able to negotiate in court for additional time to move.
What can I be evicted for?
You can be evicted if you are late paying rent (or owe fees), for violating your lease agreement, for conducting illegal activities on the premises, or because your lease has expired. How many days notice they need to give depends on the reason for the eviction. In most cases, you only have a few days before your landlord can file with the courts. Unlike some states, if you pay what's due and get caught up by your court date, you may able to stay in your rental unit. In other states, the landlord can require you to move even if you pay.
Can my landlord evict me during the winter?
Despite how harsh Minnesota winters can be, yes they can evict you during the cold weather months if you do not pay rent. The state does, however, have protections in place to ensure that your heat is not disconnected, including utility payment plans if you get behind. To make payment arrangements, you may need to contact your utility company directly.
What happens if I'm evicted?
If you are evicted, you will receive a Writ of Recovery of Premises and Order to Vacate notice. The local sheriff will serve the notice and it gives you 24 hours to vacate the premises. If you can prove hardship, you may be able to convince the court to extend the time to vacate to seven days. Either way, you need to be prepared to move. If you do not comply, you can be forcibly evicted by the sheriff. After you are evicted, an eviction and judgment will appear on your background check possibly making it more difficult for you to rent in the future.
What happens to my belongings if I cannot move them?
If you are locked out before you can move your things or leave belongings behind, your landlord may choose to store your items on the premises or they can move your items, at your expense. If you do not make the payment to cover the costs of moving and storing your items, the landlord can sell your property to cover their costs.
To learn more about basic tenant rights, see our tenants help center.