Understanding the Minnesota eviction process and laws helps landlords avoid legal setbacks and protect their property. This guide walks through eviction reasons, court steps, timelines, and essential landlord-tenant laws that every Minnesota property owner should know.
How Minnesota Law Defines Eviction
An eviction in Minnesota occurs when a landlord files a court case (called an eviction action) to remove a tenant who stops paying rent, breaches lease terms, or commits another evictable offense. Landlords must follow strict legal procedures to ensure the process remains compliant.
Minnesota’s eviction laws appear in Minn. Stat. §§ 504B.001–504B.395, which outline notice periods, court filing rules, and tenant rights during the eviction process.
Eviction With Just Cause
“Just cause” in Minnesota means a landlord has a clear legal reason to remove a tenant, such as unpaid rent, serious lease violations, or staying past the lease expiration.
Landlords across Minnesota can evict tenants only for valid legal grounds. Common causes include missed rent payments, property damage, illegal activity, or refusing to leave after the lease ends. Each eviction must follow the court process outlined in state law to stay enforceable.
Landlords should always document just cause reasons carefully. Keeping written records of notices, payments, and lease violations strengthens the case if the eviction reaches court.
Applicable law: Minn. Stat. § 504B.285, Minn. Stat. § 504B.291
No-Fault Evictions
Minnesota landlords can end a fixed-term lease upon its expiration without giving a specific reason, provided they do not renew it. When the lease term ends, tenants must leave unless both parties agree to sign a new one.
Landlords with month-to-month tenants can also end the rental agreement without cause by providing written notice at least one full rental period before the move-out date, typically 30 days. This rule applies throughout Minnesota.
Applicable law: Minn. Stat. § 504B.135, Minn. Stat. § 504B.285
Grounds for Eviction in Minnesota
Landlords in Minnesota may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
Minnesota landlords can act quickly when tenants don’t pay rent on time. State law does not require a grace period unless the lease includes one. Once rent becomes overdue, landlords can serve a 14-Day Notice to Pay or Quit, giving tenants 14 days to pay in full or leave the property. If the tenant still refuses to pay, the landlord can file an eviction case through the local district court.
Applicable law: Minn. Stat. § 504B.291
Lease Violations
A lease agreement sets clear rules for landlords and tenants to follow. When a tenant breaks those terms, Minnesota landlords can file for eviction through the local district court.
Common examples of lease violations include:
- A tenant lists their apartment on Airbnb without permission.
- A renter houses a cat despite a no-pet clause.
- A student continues to throw parties despite multiple written warnings.
Lease agreements protect both parties, so understanding and following each term prevents confusion, damage, and legal trouble.
Applicable law: Minn. Stat. § 504B.285
Illegal Use of the Premises
Colorado law allows landlords to evict tenants who use or allow a rental property to be used for illegal activity. Whether a tenant deals drugs from the unit, operates an unlicensed business, or assaults another resident, landlords can immediately issue an Unconditional Notice to Vacate and begin eviction proceedings.
Criminal activity threatens the safety of others and can reduce a property’s value. Landlords should record every incident, collect police or witness reports, and file for eviction through the local county court without delay.
Applicable law: Colo. Rev. Stat. § 13-40-107.5
Tenant Actions that Threaten Health or Safety
Minnesota law allows landlords to evict tenants who endanger others or damage the property in ways that threaten health or safety. These violations break the lease and violate the state’s housing standards, which protect rental units from unsafe or unsanitary conditions.
Some examples of health and safety violations in Minnesota include:
- Tenants disabling smoke or carbon monoxide detectors.
- Tenants piling up garbage or hazardous materials inside the unit.
- Tenants starting fires or causing dangerous electrical damage through the misuse of appliances.
Landlords should document all issues with photos, written communication, and inspection notes before filing for eviction. Learn more about responsibilities under Minnesota’s warranty of habitability laws.
Applicable law: Minn. Stat. § 504B.285, Minn. Stat. § 504B.161
Destruction or Neglect of the Rental Unit
Minnesota landlords can evict tenants who damage or neglect their rental property in violation of the lease. Issues like broken doors, stained carpets, or ignored plumbing leaks violate state housing standards and give landlords grounds to take action.
When a tenant damages their property, landlords should document every detail, including photos, inspection notes, repair invoices, and written communication. Gathering strong evidence and repair estimates helps build a solid case in court and protects the property’s long-term value.
Applicable law: Minn. Stat. § 504B.285, Minn. Stat. § 504B.161
Tenant is in a Month-to-Month Rental Contract
Minnesota landlords can end a month-to-month rental contract at any time without giving a reason. To do so, they must provide written notice at least one entire rental period in advance, typically 30 days, using a Notice to Terminate Tenancy form. If the tenant stays past the deadline, landlords can file an eviction case in the local district court.
Applicable law: Minn. Stat. § 504B.135
Step-by-Step Eviction Process in Minnesota
Minnesota landlords must follow a 7-step legal process to evict a tenant. Each step follows state law, from delivering the proper notice through filing the case, attending court, and regaining possession of the rental property.
Here are the specific steps landlords must take:
1. Deliver Notice to the Tenant
Minnesota landlords must start the eviction process by identifying the grounds for eviction and serving the proper notice to the tenant. The type of notice and response time both depend on the violation and whether or not the tenant has a chance to fix it.
For fixable problems like late rent or minor lease breaches, landlords can issue written notice and give tenants time to correct the issue before filing. For serious or illegal actions, such as drug activity or major property destruction, landlords can issue an Unconditional Notice to Vacate and move straight to court. Notices must comply with state service rules, which allow delivery in person, by Certified Mail, or by another method approved in the lease.
Notice Forms & Timelines
- 14-Day Notice to Pay or Quit: Used when tenants fail to pay rent; gives 14 days to pay or move out.
- Notice to Comply or Vacate: Used for curable lease violations; timeline depends on lease terms.
- Unconditional Notice to Vacate: Used for serious or illegal acts that cannot be fixed.
- Notice to Terminate Tenancy: Used to end a month-to-month lease; requires at least 1 full rental period’s notice (usually 30 days).
Applicable law: Minn. Stat. § 504B.135, Minn. Stat. § 504B.291, Minn. Stat. § 504B.285
2. File an Eviction Lawsuit Against the Tenant
Once the notice period ends or the tenant refuses to fix the issue, the landlord will file an Eviction Action Complaint with the district court in the same county as the rental property. This filing will officially initiate the eviction process and request the court’s approval to regain possession of the unit.
Filing fees in Minnesota usually range from $285 to $335, depending on the county. After the landlord submits the paperwork, the court clerk will review it and schedule a hearing date, typically within 7 to 14 days of filing.
Applicable law: Minn. Stat. § 504B.285, Minn. Stat. § 504B.32
3. Serve Court Summons Paperwork to the Tenant
After the Minnesota court clerk schedules a hearing, the landlord will hire a sheriff, deputy sheriff, or licensed process server to deliver the Summons and Complaint to the tenant. The server will complete a Certificate of Service showing when and how they delivered the documents. Next, the landlord will file the document with the court to confirm proper notice.
Once the tenant receives the summons, they do not need to file a written response before the hearing but must appear in court on the assigned date. If the tenant skips the hearing, the judge may issue a default judgment giving the landlord possession of the property.
Applicable law: Minn. Stat. § 504B.321, Minn. Stat. § 504B.331
4. Attend the Eviction Hearing
When the court date arrives, the landlord and tenant (or their attorneys) will appear before a Minnesota district court judge. Each side will present their case, show evidence such as payment records or lease agreements, and explain their version of events. The landlord will argue why the eviction should proceed, while the tenant will have a chance to defend themselves.
During the hearing, the judge will review all documents, ask questions, and may hear from witnesses. The court will determine whether the landlord followed Minnesota’s legal procedures and whether the tenant breached the lease. After weighing the evidence, the judge will take the case under review before issuing a decision.
Applicable law: Minn. Stat. § 504B.335
5. Court Reaches a Ruling
After reviewing all testimony, documents, and evidence, the Minnesota judge will announce a decision either at the hearing. The court will determine whether the landlord followed state law and whether the tenant’s actions justify eviction.
If the judge sides with the tenant, the tenant can remain in the rental and may recover court costs in limited circumstances. If the judge sides with the landlord, the court will issue a Judgment for Recovery of Premises and Order to Vacate, which gives the landlord legal authority to repossess their rental unit. Tenants who want to appeal must file a notice within 15 days of the ruling.
Applicable law: Minn. Stat. § 504B.345, Minn. R. Gen. Prac. 611
6. Judge Issues a Writ of Recovery of Premises and Order to Vacate
With a Writ of Recovery of Premises and Order to Vacate in hand, the landlord can ask the county sheriff the legal authority to remove the tenant if the tenant refuses to leave on their own. Once served, the tenant will have 24 hours to move out before the sheriff enforces the order.
Applicable law: Minn. Stat. § 504B.365
7. Law Enforcement Executes the Writ of Recovery of Premises and Order to Vacate
If the 24-hour deadline passes and the tenant still refuses to leave, the county sheriff will enforce the Writ of Recovery of Premises and Order to Vacate. The sheriff will supervise the eviction, restore possession to the landlord, and ensure that everything complies with state law. In Minnesota, only the sheriff can physically remove a tenant from the property.
When tenants leave belongings behind, Minnesota law requires the landlord to store those items for at least 28 days. The landlord must send written notice explaining where the property is held and how the tenant can retrieve it. After 28 days, if unclaimed, the landlord may legally sell or dispose of the items.
Applicable law: Minn. Stat. § 504B.365, Minn. Stat. § 504B.271
Tenant Defense Against Eviction in Minnesota
An eviction can leave lasting damage on a tenant’s record in Minnesota, making it harder to rent in the future, lowering credit scores, and showing up on background checks for years. While stressful, tenants still have rights and legal ways to challenge or settle the issue.
Tenants can often stop an eviction early by working out a payment plan, requesting mediation, or keeping detailed records of rent payments and communications. Open communication and documentation often prevent disputes from escalating into court.
If the situation becomes too complex, tenants can reach out to HOME Line, a Minnesota nonprofit that offers free and low-cost legal help to renters. Visit their website or call (612) 728-5767 for guidance.
Timelines to Expect
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 the Minnesota Eviction Process
Typical Court Fees
The total cost of an eviction in Minnesota for all filing, court, and service fees varies heavily on the county. For cases filed in District Court, the average cost is $495. For cases filed in Housing Court, the average cost is $557.
| Fee | Justice | Housing |
| Initial Court Filing | $285 | $297+ |
| Summons Service | ~$45+ | ~$80+ |
| Writ of Recovery Service | $55 | $55 |
| Writ of Recovery Execution | $110+ | $125+ |
| Notice of Appeal Filing (Optional) | $550 | $550 |
Handle the Minnesota Eviction Process
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