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 14 Day Notice To Quit for Unpaid Rent
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A Minnesota 14 Day 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. The timeframe to pay or move is within fourteen (14) calendar days of receiving notice.
Unlike most other forms of notice in Minnesota a Notice To Quit has highly specific requirements for the text of the demand. It must contain the following:
- The total amount due to the landlord
- A breakdown of the total amount due, including from unpaid rent, late fees, and other charges under the lease
- The name and address of the person authorized to receive payment
- A statement that: “You have the right to seek legal help. If you can’t afford a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local Legal Aid office.”
- A statement that: “To apply for financial help, contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709.”
- A statement that: “Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days.”
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’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.
Sources
- 1 Minn. Stat § 504B.321(1a)
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(a) Before bringing an eviction action alleging nonpayment of rent or other unpaid financial obligation in violation of the lease, a landlord must provide written notice to the residential tenant specifying the basis for future eviction action. The notice must include:
(1) the total amount due;
(2) a specific accounting of the amount of the total due from unpaid rent, late fees, and other charges under the lease;
(3) the name and address of the person authorized to receive rent and fees on behalf of the landlord;
(4) the following statement: “You have the right to seek legal help. If you can’t afford a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local Legal Aid office.”;
(5) the following statement: “To apply for financial help, contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709.”; and
(6) the following statement: “Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days.”
(b) The landlord or an agent of the landlord must deliver the notice personally or by first class mail to the residential tenant at the address of the leased premises.
(c) If the residential tenant fails to correct the rent delinquency within 14 days of the delivery or mailing of the notice, or the number of days required by a local government rule or law if the notice period prior to an eviction required by the local government is longer than 14 days, or fails to vacate, then the landlord may bring an eviction action under subdivision 1 based on nonpayment of rent.
Source Link - 2 Minn. R. Civ. P. 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 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 - 4 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