Steps of the eviction process in Minnesota:
- Landlord serves tenant with written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing and issues judgment.
- Writ of possession is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Minnesota can take around two weeks to three months, depending on the reason for the eviction. If tenants request a continuance, jury trial, or appeal, the process can take longer.
Grounds for an Eviction in Minnesota
In Minnesota, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 14 Days | Maybe |
End of / No Lease | 30 Days | No |
Lease Violation | No Statute | No |
Illegal Activity | No Statute | No |
Eviction for Nonpayment of Rent
In Minnesota, a landlord can evict a tenant for not paying rent on time. To do so, they must first give a tenant-at will (i.e., month-to-month tenant) 14 days’ notice to vacate the premises. No prior notice is required for all other tenancies.
However, a tenant may use the “pay and stay” method and can stop the eviction. The tenant must pay the landlord the rent owed, interest incurred, cost of the action (i.e., filing fees, process server fee, witness fees), and attorneys’ fees. If payment is made before the judge makes a decision, the eviction process will stop.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Minnesota the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Eviction for No Lease or End of Lease
In Minnesota, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Minnesota, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Minnesota landlord-tenant law. Minnesota landlords are not required to allow tenants to correct a lease violation, but they must provide tenants with some type of notice prior to beginning an eviction action.
There is no state statute on the amount of notice required for a lease violation. Minnesota landlords and tenants will need to review their written lease or rental agreement to determine how much notice is required.
Tenant responsibilities include:
- Keeping the unit in a safe and habitable condition.
- Making small repairs and maintenance.
- Keeping the unit clean and remove garbage.
- Not disturbing other tenants or neighbors.
Examples of lease violations include:
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
Eviction for Illegal Activity
In Minnesota, a landlord can evict a tenant for an illegal activity. Landlords are not required to allow tenants to correct the issue, but they must provide tenants with some type of notice prior to beginning an eviction action. Minnesota landlords and tenants will need to review their written lease or rental agreement to determine how much notice is required.
Examples of illegal activity include :
- Possession of controlled substances on the rental property.
- Prostitution/prostitution-related activity on the rental premises
- Unlawful use or possession of a firearm on the rental property.
- Storage of stolen property on the rental premises.
Illegal Evictions in Minnesota
In Minnesota, any of the below is illegal. If found liable, the landlord could be required to pay the tenant triple the amount of damages sustained or $500, whichever is greater, plus attorneys’ fees.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include :
- Complaining about habitability issues to the landlord or any authority tasked to enforce the law.
- Filing a complaint to a government authority.
- Joining a tenant’s union or organization.

Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Minnesota by serving the tenant with written notice. Minnesota state law doesn’t specify how an eviction notice must be delivered; however, common delivery methods include:
- Hand delivering the notice to the tenant.
- Leaving the notice in a conspicuous place (i.e., on the front door).
- Leaving a copy at the tenant’s residence with a competent adult.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
14-Day Notice to Quit
If an at-will tenant (i.e., month-to-month) is late on paying rent (full or partial) in Minnesota, the landlord can serve them a 14-Day Notice to Quit. This notice gives the at-will tenant 14 calendar days to vacate the premises.
It’s important to note that no prior notice is required for all other tenancies.
Additionally, a tenant may use the “pay and stay” method and can stop the eviction if they pay the landlord the rent owed, interest incurred, cost of the action (i.e., filing fees, process server fee, witness fees), and attorneys’ fees.
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Minnesota, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs.
Rent Payment Frequency | Notice Amount |
---|---|
Week-to-Week | 7 Days |
Month-to-Month | 30 Days |
Notice to Quit
Minnesota landlords are not required to allow tenants to correct a lease violation or illegal activity, but they must provide tenants with some type of notice prior to beginning an eviction action. Landlord’s may serve them a Notice to Quit to end the tenancy.
The amount of notice required depends on what is written in the lease or rental agreement.

Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Minnesota landlords must file a complaint in the appropriate court. Filing fees may vary, for example, in Douglas County, the filings fees cost $295.
The summons and complaint may be served on the tenant by anyone who is not part of the case within 24 hours of the date the summons was issued by the court for evictions due to illegal activity, or at least seven days prior to the hearing for all other types of evictions.
The summons and complaint may be served through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with someone at the tenant’s residence; or
- Leaving a copy with someone at the rental unit (if different from the tenant’s residence).
Leaving a copy of the summons and complaint may only be done if the tenant cannot be found within the county where the eviction hearing is being held.

Step 3: Court Holds Hearing & Issues Judgment
The hearing date depends on the type of eviction being filed.
For evictions due to illegal activity, the hearing will be held 5-7 days after the date the summons is issued by the court.
For all other evictions, the hearing will be held 7-14 days after the summons is issued by the court. If the court finds that the landlord expedited the hearing and it wasn’t due to illegal behavior or a nuisance endangering the safety of others, the landlord could be fined a civil penalty up to $500.
A six day continuance may be granted for either party; the tenant may request a continuance for up to three months if the tenant can prove they need the additional time to track down a crucial witness to testify before the court.
If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will need to move out of the rental unit.
If the judge rules in favor of the landlord, a writ of recovery will be issued immediately, and the eviction process will continue.
Either party may appeal within 15 days of the date the judgment was issued.
Step 4: Writ of Possession Is Issued
The writ of recovery is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff, licensed police officer or community crime prevention licensed police officer returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the writ of recovery will be issued immediately.

Step 5: Possession of Property is Returned
Tenants will have 24 hours to move out of the rental unit once the writ of recovery has been posted or delivered.
Tenants who are not being evicted due to illegal activity may request a seven day stay of execution if moving out immediately would create a hardship.
For nonpayment of rent evictions, tenants can pay past-due rent, plus court costs, attorney fees, and any other costs ordered by the court at any time before they are forcibly removed from the rental unit and the eviction process will be stopped.
Minnesota Eviction Process Timeline
In Minnesota an eviction can be completed in 2 weeks to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Minnesota eviction process outside the control of landlords for cases that go uncontested.
Step | Estimated Time |
---|---|
Initial Notice Period | 7-30 Calendar Days |
Court Issuing/Serving Summons | 24 Hours to 7 Business Days |
Court Serving Summons | 3-21 Business Days |
Court Ruling | 5-14 Business Days |
Court Serving Writ of Possession | Immediately |
Final Notice Period | 24 Hours |
Flowchart of Minnesota Eviction Process
For additional questions about the eviction process in Minnesota, please refer to the official legislation, Minnesota Statutes §504B, for more information.
Sources
- 1 MN Stat §504B.135 (2020)
-
(a) …The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less. (b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days’ notice to quit in writing.
- 2 MN Stat §504B.291 (2020)
-
a) A landlord may bring an eviction action for nonpayment of rent irrespective of whether the lease contains a right of reentry clause. Such an eviction action is equivalent to a demand for the rent….
In such an action, unless the landlord has also sought to evict the tenant by alleging a material violation of the lease under section 504B.285, subdivision 5, the tenant may, at any time before possession has been delivered, redeem the tenancy and be restored to possession by paying to the landlord or bringing to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee not to exceed $5, and by performing any other covenants of the lease.
- 3 MN Stat §504B.165 (2021)
-
(a) An action may be brought for willful and malicious destruction of leased residential rental property. The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other equitable relief as determined by the court.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void.
- 4 MN Stat §504B.171 (2020)
-
1. (a) (i) unlawfully allow controlled substances in those premises or in the common area…(ii) allow prostitution or prostitution-related activity …to occur on the premises or in the common area…(iii) allow the unlawful use or possession of a firearm… (iv) allow stolen property or property obtained by robbery in those premises or in the common area and curtilage of the premises…
- 5 MN Stat §504B.231 (2021)
-
((a) If a landlord, an agent, or other person acting under the landlord’s direction or control unlawfully and in bad faith removes, excludes, or forcibly keeps out a tenant from residential premises, the tenant may recover from the landlord treble damages or $500, whichever is greater, and reasonable attorney’s fees.
- 6 MN Stat §504B.441(2021)
-
A residential tenant may not be evicted, nor may the residential tenant’s obligations under a lease be increased or the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the residential tenant’s or housing-related neighborhood organization’s complaint of a violation. The burden of proving otherwise is on the landlord if the eviction or increase of obligations or decrease of services occurs within 90 days after filing the complaint, unless the court finds that the complaint was not made in good faith. After 90 days the burden of proof is on the residential tenant.
- 7 MN Stat §504B.331 (2020)
-
(a) The summons must be served at least seven days before the date of the court appearance specified in section 504B.321, in the manner provided for service of a summons in a civil action in district court. It may be served by any person not named a party to the action.
- 8 MN Stat §504B.321 (2020)
-
2. (c) The appearance in an expedited hearing shall be not less than five days nor more than seven days from the date the summons is issued. The summons, in an expedited hearing, shall be served upon the tenant within 24 hours of issuance unless the court orders otherwise for good cause shown.
- 9 MN Stat §504B.331 (2020)
-
(b) If the defendant cannot be found in the county, the summons may be served…by: (1) leaving a copy at the defendant’s last usual place of abode with a person of suitable age and discretion residing there; or (2) …by leaving a copy at the property described in the complaint with a person of suitable age and discretion occupying the premises.
- 10 MN Stat §504B.321 (2020)
-
1. (d) The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons, except as provided by subdivision 2.
- 11 MN Stat §504B.341 (2019)
-
(a) In an eviction action, the court, in its discretion, may grant a continuance of the trial for no more than six days unless all parties consent to longer continuance. (b) However, in all actions brought under section 504B.285, other than actions on a written lease signed by both parties, the court shall continue the trial…for no more than three months…
- 12 MN Stat §504B.371 (2019)
-
2. A party who feels aggrieved by the judgment may appeal within 15 days as provided for civil actions in district court.
- 13 MN Stat §504B.345 (2019)
-
1. (a) If the court or jury finds for the plaintiff, the court shall immediately enter judgment that the plaintiff shall have recovery of the premises, and shall tax the costs against the defendant. The court shall issue execution in favor of the plaintiff for the costs and also immediately issue a writ of recovery of premises and order to vacate.
- 14 MN Stat §504B.365 (2019)
-
1. (a) The officer who holds the order to vacate shall execute it by demanding that the defendant, if found in the county, any adult member of the defendant’s family who is occupying the premises, or any other person in charge, relinquish possession and leave, taking family and all personal property from the premises within 24 hours.
- 15 MN Stat §504B.345 (2019)
-
1. (d) Except in actions brought… (2) under section 504B.171; or (3) on the basis that the tenant…seriously endangers the safety of other residents, their property, or the landlord’s property, upon a showing by the defendant that immediate restitution of the premises would work a substantial hardship upon the defendant or the defendant’s family, the court shall stay the writ of recovery …not to exceed seven days.
- 16 MN Stat §504B.291 (2019)
-
1. (a)(iii). …unless the landlord has also sought to evict the tenant by alleging a material violation of the lease…the tenant may, at any time before possession has been delivered, redeem the tenancy and be restored to possession by paying to the landlord or bringing to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee…