A Minnesota eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Minnesota landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Minnesota Eviction Notice Forms
Notice Form | Grounds | Curable? |
Notice To Quit for Unpaid Rent | Unpaid Rent | Yes |
Notice To Comply or Vacate | Lease Violation | Maybe |
Notice To Vacate for Illegal Activity | Illegal Activity | No |
Notice To Vacate for Unlawful Destruction | Unlawful Destruction | No |
30 Day Notice To Vacate | Monthly / Yearly Lease | No |
Minnesota Notice To Quit for Unpaid Rent
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A Minnesota Notice To Quit for Unpaid Rent evicts a tenant for nonpayment of rent. In Minnesota, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out.
For month-to-month tenants, the timeframe to pay or move is within fourteen (14) calendar days of receiving notice. Otherwise, it is determined by the terms of the lease.
Minnesota Notice To Comply or Vacate
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A Minnesota Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action, or move out by the date specified in the written lease. If there is no written lease or the timeframe is unspecified, the landlord may deny an opportunity for corrective action and/or demand immediate move-out
Minnesota Notice To Vacate for Unlawful Destruction
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A Minnesota Notice To Vacate for Unlawful Destruction evicts a tenant for malicious and willful destruction to the rental property. The tenant is not given an opportunity for corrective action, and must move out by the date determined by the landlord, after receiving notice.
Minnesota Notice To Vacate for Illegal Activity
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A Minnesota Notice To Vacate for Illegal Activity evicts a tenant for an “incurable” violation of the lease, like storage of stolen property, use of a firearm or other deadly weapon, or other illegal activity on the premises. The tenant must move out by the date determined by the landlord, after receiving notice.
Minnesota 30 Day Notice To Vacate
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A Minnesota 30 Day Notice To Vacate terminates a rental agreement, such as a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
How To Write an Eviction Notice in Minnesota
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Minnesota
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open. A similar standard applies when notice is served in person after 5:00pm Minnesota time; one (1) calendar day gets added to the notice period in such a case.
Minnesota counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than seven (7) days. Longer periods are counted normally.
How To Serve an Eviction Notice in Minnesota
Minnesota landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 MN Stat § 504B.135/291
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MN Stat § 504B.135 – 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.
MN Stat § 504B.291 – For all other tenancies, 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.
Source Link - 2 Minnesota Court Rules of Civil Procedure - Rule 6.01(a)
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6.01 Computation
(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit of Time. When the period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(2) Periods Shorter than 7 Days. Only if expressly so provided by any other rule or statute, a time period that is less than 7 days may exclude intermediate Saturdays, Sundays, and legal holidays.
(3) Period Stated in Hours. When the period is stated in hours:
(A) begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours occurring during intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.
(4) Inaccessibility of the Court Administrator’s Office. Unless the court orders otherwise, if the court administrator’s office is inaccessible:
(A) on the last day for filing or service under Rule 6.01(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or
(B) during the last hour for filing under Rule 6.01(a)(1), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.
- 3 Minnesota Court Rules of Civil Procedure - Rule 4.03
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Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual’s usual place of abode with some person of suitable age and discretion then residing therein.
Source Link - 4 Minnesota Attorney General - Landlord/Tenant Laws
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The notice must be given either by personal service or by registered or certified mail.
Source Link - 5 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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Additional Time After Service by Mail or Service Late in Day. 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.
Source Link - 6 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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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 - 7 Minnesota Attorney General; Landlord and Tenant Responsibilities
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A landlord may not obtain a judgment for unpaid rent in an Eviction Action. To obtain a judgment for unpaid rent, a landlord must bring a separate action in conciliation court or district court.
Source Link