A Minnesota Notice to Quit for Unpaid Rent is a legal eviction letter written by the landlord and served to the tenant for nonpayment of rent. The tenant has the option to pay the balance due or vacate the premises by the termination date specified in the notice.
When to Use a Minnesota Notice to Quit for Unpaid Rent
Use a Notice to Quit for Unpaid Rent to begin the eviction process in Minnesota if the tenant is late on rent (starting the day after it’s due), either in part or in full.
The number of days the tenant has to pay the rent balance due shall be set forth in the lease agreement. However, if there is no written lease or if the number of days are not specified, the landlord can determine the date the balance due must be paid by in the notice.
For at-will tenants (i.e. month-to-month), tenants have the option to pay the balance due or move out within fourteen (14) calendar days in accordance with state law.
If the above is not true, use one of the below forms to evict a tenant:
- 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.
- Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises or any other violations of the lease.
- Notice to Vacate for Unlawful Destruction – If the tenant caused malicious, willful destruction to 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 Quit for Unpaid Rent
The Minnesota Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- 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 Quit for Unpaid Rent
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 MN Stat § 504B.291
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
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 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
- 4 Minnesota Attorney General - Landlord/Tenant Laws
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)
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)
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