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 Eviction 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 Eviction 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
Minnesota’s eviction law only provides specific guidance for landlords delivering an initial written eviction notice related to nonpayment of rent, but these methods will be legally valid across most evictions:
- Hand delivery to the tenant at the leased premises
- Delivery by mail to the tenant at the leased premises
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times. Hand-delivered notice completed after 5:00PM local Minnesota time extends a notice period by one (1) calendar day.
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
- Mail – via a return receipt or certificate of mailing, plus completing a Declaration of Service at the time of mailing
Minnesota Eviction and 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 Minn. Stat. § 504B.321(1a)(b)
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The landlord or an agent of the landlord must deliver the [eviction] notice personally or by first class mail to the residential tenant at the address of the leased premises.
Source Link - 2 Minn. R. Civ. P. 6.01(e)
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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.
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
