Get your FREE Minnesota eviction notice based off cause and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes, and other aspects of Minnesota eviction law.
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Types of Eviction Notices
There are two distinct forms of eviction notices in the state of Minnesota: the 14-Day Notice to Quit (Non-Payment of Rent) and the 30-Day Notice to Quit (Month to Month). Unlike other states, Minnesota doesn’t have a dedicated form for non-compliant tenants. For tenants that are non-compliant with lease rules, the landlord can notify the tenant legally on their own terms and state that without compliance, they will seek out an eviction.
The aforementioned 14-day notice can be provided the day following the predetermined due date for rent. With that in mind, a tenant can still pay up their late rent and stay on the premises up to the hearing date. For the other type, either the landlord or the tenant can furnish the 30-day notice, and if the lease states that the period is to be shorter, Minnesota will respect what was established in the lease. For a 30-day notice, there need not be any stated cause.
What Happens After a Notice is Posted
Once either of these notices are posted, if the tenant does not respond by paying what is owed or ignores the notice, the landlord can then pursue a case at the local district court. This will allow them to obtain a summons and complaint form HOU102. Once the form is completed and the fee paid, the court will set a date for a hearing.
After this, the tenant will be served a summons. After this, the tenant will have seven days to appear in the hearing, and if they are ruled against or fail to show for the hearing, the judge will make a judgment against them. It’s critical to note that the landlord will also have to provide evidence within three days of the trial. If a judgment against the tenant is reached, they will have to leave, and if they refuse to leave, then the courts can provide a Recovery of Premises and Order to Vacate document so that the sheriff can elicit a forced eviction.
When is Rent Due?
Rent is due on the day that it was agreed upon in the body of the lease. After this day, a landlord can furnish a 14-day notice to the tenant demanding an equitable remedy to the situation. Minnesota allows for “pay and stay,” which means that the tenant can pay what’s owed within the 14-day period without needing to appear at court.
How Long Does the Eviction Process Take?
On average, eviction in the state of Minnesota takes fewer than 30 days, but in some rare circumstances, it may take longer. This is due to the fact that Minnesota courts may provide a stay for some families that fall under a “substantial hardship,” which falls under Minnesota statute § 504B.345. As a rule, the period for the notification, which is usually 14 days, filing, and the trial should take around 20 days in total.