In Minnesota, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Notices in Minnesota?
In Minnesota, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Notices Be Served in Minnesota?
In Minnesota, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a Notice to Quit for Unpaid Rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Minnesota, rent is late starting the day after it’s due.
Acceptable Forms of Service in Minnesota
A landlord can deliver notices in Minnesota using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion;
- Mailing the notice by registered or certified mail with a return receipt.
When sending the notice by registered or certified mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
If the notice is served in person and accomplished after 5:00 p.m. local Minnesota time on the day of service, add one (1) calendar day to the prescribed notice period.
Obtaining Proof of Service in Minnesota
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery.
- Certified/Registered Mail – via a return receipt and by completing a Declaration of Service at the time of mailing.
Minnesota Eviction & Lease Termination Notice Forms
| Notice Form | Grounds |
| Notice to Quit for Unpaid Rent | Eviction for Unpaid Rent |
| Notice to Comply or Vacate | Eviction for Lease Violation |
| Notice to Vacate for Illegal Activity | Eviction for Illegal Activity |
| Notice to Vacate for Unlawful Destruction | Eviction for Unlawful Destruction |
| 7 Day Notice to Vacate | Ending a Weekly Lease |
| 30 Day Notice to Vacate | Ending a Monthly / Yearly Lease |
| 60 Day Notice to Vacate | Non-Renewal of Lease |
| 90 Day Notice to Vacate | Ending a Quarterly Lease |
Sources
- 1 Minnesota Court Rules of Civil Procedure - Rule 4.03
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Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual’s usual place of abode with some person of suitable age and discretion then residing therein.
Source Link - 2 Minnesota Attorney General - Landlord/Tenant Laws
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The notice must be given either by personal service or by registered or certified mail.
Source Link - 3 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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Additional Time After Service by Mail or Service Late in Day. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party, and the notice or document is served upon the party by United States Mail, 3 days shall be added to the prescribed period.
Source Link - 4 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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If service is made by any means other than United States Mail and accomplished after 5:00 p.m. local Minnesota time on the day of service, 1 additional day shall be added to the prescribed period.
Source Link
