A Minnesota Notice To Vacate for Unlawful Destruction is a letter which complies with state legal requirements to begin eviction against a tenant for willfully or maliciously causing destruction to the premises. The tenant must move out by the date of termination.
When To Use a Minnesota Notice To Vacate for Unlawful Destruction
A Minnesota Notice To Vacate for Unlawful Destruction begins the eviction process when a tenant causes malicious or willful destruction to the premises. The landlord decides a reasonable date of termination, and the tenant is not allowed an opportunity to take corrective action.
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 Vacate for Unlawful Destruction
To help ensure the legal compliance of a Notice To 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
- 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 Vacate for Unlawful Destruction
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 MN Stat § 504B.165
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(a) An action may be brought for willful and malicious destruction of leased residential rental property. The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other equitable relief as determined by the court.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void.
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.
Source Link
