A Minnesota Notice To Quit for Unpaid Rent is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out by the specified date of termination.
When To Use a Minnesota Notice To Quit for Unpaid Rent
A Minnesota Notice to Quit for Unpaid Rent begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due. The time allowed for the tenant to pay the balance due is normally agreed in the lease.
If the lease is silent on grace period, the landlord must decide on a “reasonable” amount of time for payment. State law specifies that at-will tenants, such as those on a month-to-month lease, must pay the balance due or move out within fourteen (14) calendar days of receiving notice.
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 Quit for Unpaid Rent
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 payment 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 Quit for Unpaid Rent
Minnesota landlords may deliver an initial written Notice To Quit for Unpaid Rent through the following methods:
- 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 MN Stat § 504B.291
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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 MN Stat § 504B.135
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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.
Source Link - 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
