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.
The tenant must receive the Notice To Quit at least 14 days before the landlord may file an eviction case in court.
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
Minnesota law requires that a Notice To Quit contain all of 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.”
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 first class 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 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 - 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.
Source Link