In Minnesota, in order for an eviction notice to be legal, it must contain certain information about the tenancy and violation committed. If any appropriate details are missing and the case proceeds to court, the case may be postponed or dismissed by a judge.
Step 1: List Tenants’ Full Names
All adult tenants’ names must be included. It is important to make sure each adult household member is named individually if the landlord has to move forward with the eviction process.
Step 2: List Full Address
The full address for the rental premises must be included for legal purposes. This is extremely important so there is no confusion later in the eviction process when the court returns possession of the premises to the landlord.
Step 3: Calculate and Include Termination Date
This date must be included on all notices and is the date by which tenants must pay a rent balance due, cure a lease violation or the date the tenants must vacate the premises.
An eviction notice takes effect the day after it is served. If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted. If the notice period is seven (7) days or more, all days are counted in the period, including weekends and legal holidays.
If the last day of the notice period falls on a weekend or legal holiday, then the notice will not officially expire until the end of the next judicial day (a day when the courthouse is open).
If the eviction notice is served by any means other than United States Mail and accomplished after 5:00 p.m. local Minnesota time on the day of service, one (1) additional calendar day shall be added to the prescribed notice period.
Step 4: Include Grounds for Eviction
Include the reason why the tenant is facing eviction.
- For nonpayment of rent, include the total balance due for the current rental period plus any past delinquencies.
- For a lease violation, the tenant must have a clear understanding of the infraction and whether or not it can be corrected.
- For an incurable breach, indicate the specific breach or illegal conduct.
In some cases, even with lease violations or an incurable breach, the tenant may owe a balance due, which shall also be provided in the notice.
Step 5: Include Date Notice Served
This date is very important for a couple of reasons. For purposes of counting the proper number of days in the notice period, the date the notice is served is required. In addition, it tells the court when the notice was delivered to the tenants.
Step 6: Landlord’s Signature and Printed Name
The landlord must sign and print their name on the notice to make it effective and legally compliant. Like all legal documents, the notice must be signed or it will not be enforced in court and the landlord will have to begin the eviction process over.
Step 7: Landlord’s Address and Phone Number
The landlord’s contact information gives the tenant a way to reach the landlord or drop off a payment for a balance due. In addition, the contact information provided must be a reliable method of contacting the landlord throughout the duration of the eviction process.
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 6.01(a)
-
Rule 6. Time
6.01 Computation
(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit of Time. When the period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(2) Periods Shorter than 7 Days. Only if expressly so provided by any other rule or statute, a time period that is less than 7 days may exclude intermediate Saturdays, Sundays, and legal holidays.
(3) Period Stated in Hours. When the period is stated in hours:
(A) begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours occurring during intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.
(4) Inaccessibility of the Court Administrator’s Office. Unless the court orders otherwise, if the court administrator’s office is inaccessible:
(A) on the last day for filing or service under Rule 6.01(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or
(B) during the last hour for filing under Rule 6.01(a)(1), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.
- 2 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
-
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