A Minnesota Notice to Comply or Vacate is an official eviction document delivered to the tenant for a lease violation, such as parking in an unauthorized area. The tenants must either correct the lease violation or move out of the rental unit by the termination date specified in the notice.
When to Use a Minnesota Notice to Comply or Vacate
Use a Notice to Comply or Vacate to begin the eviction process in Minnesota:
- If the tenant failed to comply with health/safety rules.
- If the tenant violated the rules with too many occupants.
- If the tenant committed any other violation of the lease.
The number of days the tenant has to fix the lease violation shall be set forth in the lease agreement. However, if there is no written lease or if the number of days to correct the issue are not specified, the landlord can determine the date the violation must be corrected by in the notice.
If none of the above are true, use one of the below forms to evict a tenant:
- Notice to Quit for Unpaid Rent – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- Notice to Vacate for Unlawful Destruction – If the tenant caused malicious, willful destruction to the premises.
- Notice to Vacate for Illegal Activity – If the tenant is involved in illegal drug activity, allowed prostitution, used a firearm unlawfully or stored stolen property on the premises.
- 30 Day Notice to Vacate – If the tenant or landlord is terminating a rental agreement, such as a month-to-month or year-to-year lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Minnesota Notice to Comply or Vacate
The Minnesota Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Indicate if the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by (if applicable);
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Minnesota Notice to Comply or Vacate
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.
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.
- 1 Minnesota Attorney General - Landlord/Tenant Laws
Eviction Actions (Unlawful Detainer) Landlords cannot forcibly remove tenants. In order to evict a tenant, a landlord must first bring an “Eviction Action,” or what used to be called an “Unlawful Detainer” action, against the tenant. This is a legal proceeding conducted in district court. To bring such an action the landlord must have a legitimate reason. According to state law, legitimate reasons can be nonpayment of rent, other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy’s last day has passed.Source Link
- 2 Minnesota Court Rules of Civil Procedure - Rule 4.03
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
- 3 Minnesota Attorney General - Landlord/Tenant Laws
The notice must be given either by personal service or by registered or certified mail.Source Link
- 4 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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
- 5 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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