A Minnesota Notice to Vacate for Unlawful Destruction is an official eviction document delivered to the tenant for willfully or maliciously causing destruction to the premises. The tenant does 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 Unlawful Destruction
Use a Notice to Vacate for Unlawful Destruction to begin the eviction process in Minnesota if the tenant caused malicious or willful destruction to the premises.
If the above is not 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 Illegal Activity – If the tenant is involved in illegal drug activity, allowed prostitution, used a firearm unlawfully or stored stolen property on 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 Unlawful Destruction
The Minnesota Notice to Vacate for Unlawful Destruction 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 box to indicate destruction to the premises;
- 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 Unlawful Destruction
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.165
(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 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