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Making a Minnesota Eviction Notice
If you are a property owner or manager in Minnesota, you can create a Minnesota Eviction Notice to warn renters of future legal action if they will not pay their rent, abide by the agreed-upon terms of their lease, or leave the property as demanded. This official legal notice can help to reiterate your expectations to the tenant and put the rental arrangement back on track. With that in mind, in some cases, there will be no resolution, and filing a complaint with the court is unavoidable. Suited for all types of residential property, our Eviction Notice for Minnesota can be used by property owners with tenants in Rochester, Saint Paul, Minneapolis, and in all of the other towns within the North Star State.
Under normal circumstances, the answer is yes, and you may draft a Minnesota Eviction Notice (more specifically called a 14-Day Notice to Pay Rent or Quit) to initiate the process. That said, due to COVID-19, there are a few special protections in place for tenants who are unable to pay rent. Although the ban on eviction has been struck down by the United States Supreme Court, the state of Minnesota and individual municipalities have the authority to create and enforce their own regulations for residential evictions. Keep up with the ask a local landlord-tenant lawyer for more specific advice.
If you wish to evict a tenant in Minnesota, it may be a good idea to provide a Notice of Eviction as a first step. Even if it isn't always legally mandated, this document can help you avoid court (assuming the tenant will comply.) Some of the circumstances in which you might want to use one are:
Outside of lease violations, a tenant generally can be evicted for other reasons unrelated to a fault of their own. For example, when the landlord intends to move in. Please note that the list presented above is not absolutely exhaustive and that the permitted reasons for evicting tenants may be different. If you have any particular questions or concerns with regard to Minnesota eviction laws, talk to an attorney.
When ready, you can tap or click on the button that says "Make document" to take a closer look at the Minnesota Eviction Notice sample. The specific details that you typically should plan to add are:
In the event that the tenants aren't at fault for the eviction, you may wish to provide more context. Additional custom alterations are permitted, as well. It is very important to verify that the policies and terms that you make note of are actually spelled out in the fully executed lease contract.
The law often changes over time and the actual eviction procedure can be rather complicated, especially for a first-timer. In certain cases, there are different notice periods or other requirements depending on why the tenant is being evicted and how long they have been in the unit. Consequently, it is strongly recommended that all property owners reach out to an eviction attorney when writing a Notice of Eviction.
Minnesota Eviction Notice Laws: Minn. Stat. Ann. §§ 504B.135, 504B.291
If you need to make this document with Rocket Lawyer, please follow these directions. Our step-by-step interview will guide you through several questions about your situation to help us build your Minnesota Eviction Notice. This method is, in most cases, notably less expensive and less time-consuming than meeting and hiring the average provider.
If you want to know the complete cost of eviction, you'll need to consider the cost of filing court documents, legal fees, the value of unrecovered rent payments, storage and cleaning fees, and ultimately, the time and money spent finding a replacement tenant. Fortunately, you will not have to pay hundreds of dollars in legal fees to generate a Notice of Eviction. Different from many other eviction form websites that you might discover, Rocket Lawyer offers Premium membership holders up to a 40% discount when hiring a lawyer, so an attorney from our On Call network can review the situation and take action if you do proceed with an eviction lawsuit.
The length of the eviction process for Minnesota tenants is partially determined by the amount of notice required, along with the volume of lawsuits being held at the same time. Here's a generalized breakdown of Minnesota notice periods:
After the pre-defined notice period, the eviction itself may take 2 weeks to 3 months. Please note that in particular types of housing, for instance where rent payments are subsidized, the notice period is often even longer.
While it is feasible to draft a Notice to Vacate without support, many rental property owners who bring tenants to court hire a lawyer to represent them. Having someone double-check your document could take a lot of time if you do it on your own. An easier approach worth consideration is to request help from the Rocket Lawyer On Call® network. Rocket Lawyer Premium members have the ability to request advice from an experienced attorney or get answers to other legal questions. As a property owner or manager, you can be confident that Rocket Lawyer is here by your side.
After making your Minnesota Eviction Notice, you'll be able to see it anytime, on any device. You are encouraged to engage with the document by making edits, making copies of it, downloading it as a PDF document or Word file, or printing it out. You must sign it before serving it on the tenant. There are several methods for serving a notice:
Please remember that "self-help" or "DIY" evictions are not legal in Minnesota. Landlords shouldn't padlock the entryways, throw out property, shut off utilities and services, or threaten their tenants in any way in an effort to make them move out. Taking the appropriate lawful actions before and during the eviction process is critical to removing tenants successfully with a judgment from the court.
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.