A Minnesota Notice to Vacate for Illegal Activity is an official eviction letter delivered to the tenant for engaging in the unlawful use of a firearm or committing illegal activity on the premises. Tenants do not have the option to fix the violation and must move out by the termination date.
When to Use a Minnesota Notice to Vacate for Illegal Activity
Use a Notice to Vacate for Illegal Activity to begin the eviction process in Minnesota:
- If the tenant is involved in illegal drug activity.
- If the tenant allowed prostitution.
- If the tenant used a firearm unlawfully.
- If the tenant stored stolen property at the premises.
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 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 Vacate for Illegal Activity
The Minnesota Notice to Vacate for Illegal Activity form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Check the appropriate box to indicate the illegal conduct;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- 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 Vacate for Illegal Activity
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.171
Terms of Covenant.
(a) In every lease or license of residential premises, whether in writing or parol, the landlord or licensor and the tenant or licensee covenant that:
(1) neither will:
(i) unlawfully allow controlled substances in those premises or in the common area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of the premises; or
(iv) allow stolen property or property obtained by robbery in those premises or in the common area and curtilage of the premises; and
(2) the common area and curtilage of the premises will not be used by either the landlord or licensor or the tenant or licensee or others acting under the control of either to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152.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