Evicting a tenant in Minnesota can take around 2 weeks to 3 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 the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction. the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent
Tenant-At-Will |
14 Days | Yes |
| Nonpayment of Rent
All Other Tenancies |
No Statute | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violations | No Statute | Maybe |
| Unlawful Destruction of Premises | No Statute | No |
| Illegal Activity | No Statute | No |
Nonpayment of Rent
In Minnesota, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a proper notice, which gives the tenant a chance to pay the balance due or move out.
For tenants at will, the landlord must serve the tenant a 14 days’ notice to quit. For all other tenancies, the landlord must serve the tenant a Notice to Quit for Unpaid Rent.
For all other tenancies, the number of days a tenant is given to pay past due rent is stipulated in the lease. However, if there is no written lease or the number of days to pay past due rent is not specified, the landlord can determine when the past due balance must be paid.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Minnesota the day immediately after its due date. Minnesota landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If rent is due on March 1st, it will be considered late starting on March 2nd, unless the lease specifically states there is a grace period.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Pay and Stay: If the tenant pays the landlord the rent owed plus interest, court costs and attorneys’ fees before the judge makes a decision in court, the eviction process stops.
End of Lease or No Lease
In Minnesota, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
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. To do so, the landlord must serve the tenant a Notice to Comply or Vacate. The lease indicates the number of days tenants have to correct a lease violation.
If there is no written lease or if the lease does not specify the number of days a tenant has to fix the issue, landlords are not required to give them a chance to correct the violation pursuant to state law. So at the discretion of the landlord, the tenant can either fix the issue or move out.
Examples of lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Refusing to allow the landlord access to the premises
- Allowing unauthorized occupants or pets to reside in the rental unit
- Interfering with the peace and enjoyment of other persons
- Causing minor property damage
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Unlawful Destruction of Premises
In Minnesota, a landlord can evict a tenant for causing willful and malicious destruction of the premises. To do so, the landlord must first serve the tenant a Notice to Vacate for Unlawful Destruction.
The tenant does not have the option to fix the issue and must move out by the termination date set forth in the notice. The state statute does not include the number of days a tenant has to move out. The number of days is either specified in the lease or determined by the landlord if there is no written lease.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Minnesota, a landlord can evict a tenant for committing an illegal activity on the premises. To do so, the landlord must first provide the tenant a Notice to Vacate for Illegal Activity. The tenant does not have a chance to fix the issue and must move out by the date set forth in the notice.
The state statute does not specify the number of days a tenant has to vacate the premises. The number of days is either stipulated in the rental agreement or determined by the landlord if there is no written lease.
In Minnesota, illegal activity includes:
- Making, selling, possessing or purchasing controlled substances
- Engaging in or promoting prostitution on the premises
- Unlawfully using or possessing a firearm on the premises
- Storing stolen property or obtaining property from a robbery on the premises
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Minnesota
In Minnesota, there are a few different types of eviction actions that are 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
A landlord is not allowed to attempt 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
In Minnesota, all evictions go through the same process:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with court due to unresolved violations
- Court holds a hearing and issues a judgment
- Writ of possession is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Minnesota by serving the tenant with written notice. 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.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
Notice To Quit for Unpaid Rent
In Minnesota, a tenant who is not a tenant-at-will and is late on paying rent (full or partial), can be served a Notice To Quit for Unpaid Rent. This eviction notice gives the tenant a chance to pay the balance due or move out.
The number of days the tenant has to pay the balance due is stipulated in the lease. If there is no written lease, the number of days a tenant has to pay a past due balance is determined by the landlord.
If a tenant-at-will (i.e. month-to-month) is late on paying rent (full or partial), this eviction notice gives the tenant 14 days to pay the balance due or move out.
30-Day Notice to Vacate
For a tenant with no lease or a month-to-month lease in Minnesota, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 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 Comply or Vacate
In Minnesota, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a Notice To Comply or Vacate. This eviction notice gives the tenant a chance to fix the issue or move out.
The number of days a tenant has to correct the violation is stipulated in the rental agreement. If there is no written lease, the landlord can determine how much time the tenant either has to fix the issue or move out.
Notice To Vacate for Unlawful Destruction
In Minnesota, if a tenant causes willful and malicious destruction to the premises, the landlord can serve them a Notice To Vacate for Unlawful Destruction. This eviction notice gives the tenant a specified number of days to move out without the chance to fix the issue.
The number of days a tenant has to move out is stipulated in the rental agreement. If there is no written lease, the landlord can determine how much time the tenant has to vacate the premises.
Notice To Vacate for Illegal Activity
In Minnesota, if a tenant commits illegal activity on the premises, the landlord can serve them a Notice To Vacate for Illegal Activity. This eviction notice gives the tenant a certain number of days to move out without the chance to fix the issue.
The number of days a tenant has to vacate the premises is specified in the lease. If there is no written lease, the landlord can determine how much time the tenant has to vacate the rental unit.
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
- 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 and 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 6-daycontinuance may be granted for either party; the tenant may request a continuance for up to 3 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.
Depending on the type of eviction, a hearing may be held 5-14 days within delivery of the summons.
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.
The writ of recovery will be issued immediately upon entry of a judgment in favor of the landlord.
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 7-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.
Tenants have 24 hours to move out of the rental unit once the writ has been posted; if a stay of execution is granted, this will add another 7 days to the process.
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
Minnesota Eviction 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 |
Sources
- 1 MN Stat §504B.135 (2020)
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(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)
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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)
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(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)
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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)
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((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)
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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)
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(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)
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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)
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(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)
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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)
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(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)
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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)
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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)
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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)
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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)
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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…
- 17 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 - 18 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
