Minnesota

Eviction Process

Timeline. 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 (read more).

Below are the individual steps of the eviction process in Minnesota.

Step 1: Notice is Posted

Landlords in Minnesota can begin the eviction process for several reasons, including:

1. Nonpayment of Rent – Once rent is past due, written notice is not typically required prior to pursuing an eviction action with the court.
2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is not required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
4. Illegal Activity – If a tenant or any other occupant of the rental unit is engaged in illegal activity, the written lease/rental agreement will determine how much notice (if any) is required.

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Minnesota law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the written lease/rental agreement.

For at-will tenants, once rent is past due, the landlord must provide a 14-Day Notice to Quit, if the landlord wants to file an eviction action with the court. This notice gives the tenant the option move out of the rental unit within 14 days in order to avoid eviction.

For all other tenancies, the landlord is not required to provide written notice prior to beginning an eviction action and may skip directly to step 2 below.

If the at-will tenant remains in the rental unit after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Minnesota if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

Minnesota landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with some type of notice prior to beginning an eviction action.

The amount of notice required depends on what is written into the lease/rental agreement.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Note that illegal activity is not included in this category.

If the tenant remains on the property after the required notice period expires (if any), the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of Minnesota, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord may be required to give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type of tenancy.

• Week-to-week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
• Month-to-month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
• All other tenancies– The amount of notice required must be equal to the time period between rent payments or 3 months , whichever is shorter.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Illegal Activity

The amount of notice tenants must receive if they are being evicted for illegal activity depends on the terms of the lease. Minnesota landlords and tenants will need to review their written lease/rental agreement to determine how much notice is required.

In the state of Minnesota, illegal activity includes :

• 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

If the tenant remains on the property after the required notice period expires (if any), the landlord may proceed with the eviction process.

Step 2: Complaint is Filed and Served

As the next step in the eviction process, Minnesota landlords must file a complaint in the appropriate court. In Douglas County, this costs $295 in filing fees.

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 7 days prior to the hearing for all other types of evictions.

The summons and complaint may be served through one of the following methods :

1. Giving a copy to the tenant in person
2. Leaving a copy with someone at the tenant’s residence
3. 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 Hearing and 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.

A 6 day continuance 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.

Step 4: Writ of Recovery 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 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/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 .

Minnesota Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Minnesota. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

1. Initial Notice Period – between 7 and 90 days, depending on the notice type and reason for eviction.
2. Issuance/Service of Summons and Complaint – 24 hours to 7 days.
3. Court Hearing and Ruling on the Eviction – 5-14 days, depending on the reason for the eviction; longer if a continuance/jury trial is requested.
4. Issuance of Writ of Recovery – Immediately after the judgment in favor of the landlord.
5. Return of Possession – 24 hours; longer if a stay is granted.

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.