As of January 1, 2024 Minn. Stat. § 504B.321 subd. 1a requires rental properties to provide a 14-day written notice to renters before filing an eviction if it is for nonpayment of rent or another financial obligation.
Note: Local government rule or law may require a longer period of notice before filing.
An eviction action, also known as an Unlawful Detainer, is a court action where a property owner/manager asks to recover possession of the apartment or rental home from a resident. The property must follow the proper legal process to get their unit returned to them, or “possession” of the unit.
Properties cannot forcibly remove the resident, exclude the resident from entering the building or rental unit, change the locks, or shut off the utilities.
The most common reason for eviction is nonpayment of rent.
Before going to the expense of filing an eviction, consider the following alternatives:
1. Deliver the 14-day written notice to the renter.
2. File the Eviction at the county.
3. Get a Summons from the court.
4. Serve the summons to the renter.
5. Eviction hearing at court.
6. If the rental property wins the hearing, inform the renter of the Writ of Recovery of Premises and Order to Vacate.
Top 3 reasons eviction actions are filed in Minnesota
1. Nonpayment of Rent
What happens when the resident in one of your apartments stops paying the rent?
First you send a 14-day notice. If rent is still past due you may file an eviction action against the resident.
However, the resident may stop the eviction (called "redeeming the tenancy") by paying the past due rent, costs of the eviction action (including the court filing fee), and other requirements under the lease.
2. Lease Violations
What happens when the resident in your duplex violates one of the terms of your lease? The lease must contain a "right of re-entry" or eviction clause for the property to evict a resident for a material breach of the lease (except for nonpayment of rent and statutory violations). This clause gives the property owner/manager a right to evict the resident for violating lease provisions such as:
A property owner/manager may evict a resident who engages in the following illegal activities prohibited by MN statute:
3. Resident Remains in the Apartment or Rental Home After Getting a Notice to Vacate (holding over)
A holdover resident is one whose lease has expired, or where proper notice to vacate was given, but the resident remains in the rental unit without the property's consent.