A Minnesota eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Minnesota, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
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 form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due or move out by the termination date specified in the notice.
In accordance with Minnesota law, tenants-at-will (i.e. month-to-month) are allowed fourteen (14) calendar days to either pay the rent balance due or move out of the rental unit. For all other tenancies, the number of days a tenant is given to pay past due rent is stipulated in the lease agreement.
However, if there is no written lease or the number of days to pay past due rent is not specified in the lease, the landlord can determine when the rent must be paid by in the notice.
Since an eviction action is only for possession of the premises, landlords must file a separate legal action at the courthouse to obtain a judgment for unpaid rent.
Minnesota Notice to Comply or Vacate
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A Minnesota Notice to Comply or Vacate eviction form is used for a lease violation. Lease violations include allowing unauthorized occupants to reside at the premises, failing to maintain the premises in a clean and sanitary manner or interfering with the peace and enjoyment of other persons.
The lease indicates the number of days tenants have to correct a lease violation, but if they fail to comply, they must vacate the premises by the termination date. If there is no written lease or if the lease does not specify the number of days tenants have to fix a violation, landlords are not required to give them a chance to correct the issue pursuant to state law.
However, if the landlord gives the tenants a chance to fix the issue, they must do so within the timeframe specified, otherwise they must move out by the termination date. If the tenants are not given the option to fix the violation, they must vacate the premises by the termination date.
Minnesota Notice to Vacate for Unlawful Destruction
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A Minnesota Notice to Vacate for Unlawful Destruction eviction form is used for tenants that cause malicious and willful destruction to the premises. The tenants do not have the chance to fix the violation and must move out of the rental unit by the date set forth by the landlord.
Minnesota Notice to Vacate for Illegal Activity
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A Minnesota Notice to Vacate for Illegal Activity eviction form is used for tenants that commit an incurable breach of the lease, such as storing stolen property, using a firearm or other deadly weapon or committing illegal activity on the premises. The tenants do not have the option to fix the issue and must move out of the rental unit by the date determined by the landlord.
Minnesota 30 Day Notice to Vacate
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A Minnesota 30 Day Notice to Vacate is used to terminate a rental agreement, such as a month-to-month or year-to-year lease. This lease termination letter may also be used for tenants that do not have a written lease that pay rent monthly or for tenants that have an expired lease. The notice provides either party at least thirty (30) calendar days notice before the end of the following rental period or expiration of the lease.
How to Write an Eviction Notice in Minnesota
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Minnesota
An eviction notice takes effect the day after it is served. If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted. If the notice period is seven (7) days or more, all days are counted in the period, including weekends and legal holidays.
If the last day of the notice period falls on a weekend or legal holiday, then the notice will not officially expire until the end of the next judicial day (a day when the courthouse is open).
If the notice is served in person and accomplished after 5:00 p.m. local Minnesota time on the day of service, add one (1) calendar day to the prescribed notice period.
How to Serve an Eviction Notice in Minnesota
A landlord can deliver notices in Minnesota using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion;
- Mailing the notice by registered or certified mail with a return receipt.
When sending the notice by registered or certified mail, add three (3) calendar days to the notice period to account for variability in post office 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
Source Link(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
