A Minnesota Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation, such as parking in an unauthorized area. The tenant must take appropriate corrective action, or else move out by the specified date of termination.
When To Use a Minnesota Notice To Comply or Vacate
A Minnesota Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Failure to comply with health and safety rules
- Occupancy violation
- Other lease violations
Some types of Minnesota lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Minnesota Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) necessary to prevent termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating 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 Serve a Minnesota Notice To Comply or Vacate
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 Minnesota Attorney General - Landlord/Tenant Laws
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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 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 - 3 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.
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