Updated June 28, 2022
A Minnesota eviction notice is a letter written by a landlord seeking to evict a tenant for breaking the terms of their lease. The landlord will commonly send the notice that includes the details of how they can “cure” the issue and be in compliance with their lease again. A Minnesota landlord can legally file an eviction without giving notice to their tenant, the notice is more of a nice gesture to the tenant.
By Type (3)
Notice to Quit (
Non-Payment of Rent
)
– Unlike most states which require a set number of days between rent being late and beginning eviction proceedings, Minnesota landlords can generally file immediately against a tenant who fails to pay rent.
Download: Adobe PDF
30-Day Notice to Quit (
Month-to-Month Tenancy
)
– This form is used to give notice of the end of a month-to-month tenancy.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Notice to Quit (
Non-Compliance
)
– There is no statute of law against a lease violation. Therefore the landlord is advised to notify the tenant on their own terms and if they do not comply they are allowed to seek a legal eviction immediately.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace-Period: None. § 504B.291
- Non-Payment of Rent: None. § 504B.291 (14 days notice for “at-will” leases. § 504B.135(b) )
- Illegal Activity: § 504B.171
- Substantial Damage to Property: § 504B.165
- Termination (Month-to-Month Lease): 1 payment interval or 3 months’ notice, whichever is less. ( 504B.135(a) )
- Filing an Eviction: Chapter 504B (Landlord and Tenant) § 504B.281 – § 504B.371
Court Forms
Eviction Action Complaint (Form HOU102) – A landlord must fill out and file this form to start an eviction action against a tenant.
Eviction Action Answer (Form HOU202) – To contest an eviction action, a tenant will need to file an answer within the allotted time frame.
Writ of Recovery of Premises and Order to Vacate – If the landlord prevails against the tenant in court but the tenant refuses to vacate the landlord’s property, the landlord will need to obtain this form to request that the sheriff physically remove the tenant.
When is Rent Due
In Minnesota, rent is due on the date specified in the lease and if it is not paid, the landlord may seek to evict the tenant for non-payment of rent. However, a tenant can “pay and stay” even up to the hearing date as long as the tenant pays the full amount owed, plus the landlord’s costs to bring the eviction action.
How to Evict (Process)
Step 1 – Landlord must first notify the tenant of the landlord’s intention to seek eviction by providing notice:
Step 2 – If the tenant fails to respond in a satisfactory manner and continues to live on the premises, the landlord may go to the Local District Court (in Hennepin and Ramsey counties, housing court) and obtain a summons and Complaint (Form HOU102) . Fill the forms out as directed, pay the requisite fee and make a copy for each tenant. The court will provide a hearing date.
Step 3 – Obtain the services of a process server to serve the Summons and Complaint on the tenant at least seven (7) days before the hearing date in accordance with 504B.331 . The tenant will have the right to defend themselves and file the Answer (Form HOU202) before the trial date.
Step 4 – The landlord will have to file evidence of service of the tenant(s) at least three (3) days before the hearing.
Step 5 – In the event that the landlord obtains a judgment in his or her favor, tenant will have to vacate. If the tenant fails to vacate, the landlord may apply for a Writ of Recovery of Premises and Order to Vacate in order to have a sheriff move the tenant out.
Video
How To Write (Notice To Quit)
1 – Retrieve the Lease
The Landlord-Tenant Rental Agreement or Lease this Notice will concern itself should be reviewed and readily available when it is time to fill out this form. Any part of this form requiring Lease information will require it to appear exactly as it does on the Property Lease Agreement signed by the Lessor and Lessee.
2 – Download the Minnesota Notice To Quit Form
The required form may be obtained directly from this page by selecting the PDF, ODT, or Word buttons. You should have an appropriate program at your disposal or be prepared to Print then fill out the document. You may download as many types of this document at your discretion.
3 – Document the Recipient and the Rental Property
The initial blank space, just below the form’s title, requires the Recipient’s Full Name to be filled in.
You will need to solidify which Leased Property is being referred to. The first paragraph will contain several blank spaces requiring definitions to be made. Define the Leased Property’s City, County, Zip Code, Building Number/Street, and Apartment Number across the blank spaces in the first sentence (in that order).
You will also need to solidify the Lease Agreement involved with this Notice. Do this by defining the Calendar Date, Month, and Year across the blank spaces in the second statement.
4 – Declare the Notice of Required Action
In the area below the words “Check Appropriate Box,” you must make a mark in the checkbox corresponding to the Notice bbin电竞官网官方永久ment that must be delivered to the Recipient of this document.
The “Nonpayment” Notice applies when issuing 14 Days’ Notice to a Tenant who must pay an Authorized Agent or the undersigned a specific amount of money for a Rental Period requiring payment. You will need to fill in the Name of the Authorized Agent, the Amount Due, the Minimum Amount Due, and the Rental Period that must be paid.
The “Noncompliant” Notice applies when issuing a Notice to a Tenant who must immediately comply with the Lease Terms he or she has violated. Report the exact nature of the Recipient’s violation on the blank line in this sentence.
The first “Month to Month Tenancy” Notice applies when a Landlord is issuing a Tenant Thirty Days’ Notice that his or her Month To Month Lease will expire on the Date. You must enter this Date using the spaces in this sentence. This Date must be at least Thirty Days after this paperwork has been received by the Addressee.
The second “Month to Month Tenancy” Notice applies when a Tenant is issuing a Landlord Thirty Days’ Notice that his or her Month to Month Lease will expire on the Date that is entered using the blank spaces in this sentence. The Date of Expiration must be at least Thirty Days after the Landlord has received this paperwork.
5 – Landlord Disclosure bbin电竞官网官方永久ment
If an Owner or a Landlord is issuing this Notice, then he or she must provide a Signature on the line labeled “Landlord/Agent Signature.”
6 – Delivery Agent bbin电竞官网官方永久ment
The Deliverer of this paperwork will need to fill in the “Certificate of Service” section when Delivery is made. This will require the Delivery Date and Recipient to be filled in appropriately on the blank spaces in the statement provided. Below this, he or she will define how this paperwork was delivered. This will be done by checking the first checkbox for a successful first-party delivery to the intended Recipient, the second checkbox will indicate a successful second party delivery, while the third checkbox will indicate this paperwork was mailed First Class Mail.
