By Type
Pay or Quit – This notice informs the tenant that rent is overdue. It may be required before eviction, depending on the situation.
Cure or Quit – Used for lease violations that can be corrected. The notice explains the problem and what must be done to resolve it.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month tenancy with proper notice. It allows time for the tenant to relocate.
Notice to Quit for Illegal Activity – Delivered when criminal activity is involved. These cases often move directly toward eviction.
Eviction Laws
- Rent Grace Period: None.
- Non-Payment of Rent: 14 days.[1]
- Illegal Activity: Governed by the lease’s terms of covenant.[2]
- Substantial Damage to Property: Applies when there is unlawful destruction or damage.[3]
- Termination (Month-to-Month Lease): One rental payment interval or three months’ notice, whichever is less.[4]
- Eviction Lawsuit Type: Landlord and Tenant (Eviction Action).[5]
Prohibited Landlord Actions in Minnesota
- Utility Shutoff – A landlord who unlawfully shuts off a tenant’s utility services may be liable for up to $500 in damages, plus attorney’s fees.[6]
- Changing the Locks – Minnesota law treats unlawful exclusion as a serious violation. This includes removing or disabling doors, windows, or locks to block tenant access.[7]
These actions are considered illegal self-help evictions and can undermine a landlord’s case.
How to Evict a Tenant in Minnesota (Step-by-Step)
Step 1: Provide Written Notice
The eviction process starts with written notice to the tenant. Depending on the situation, the landlord may use:
- 14-Day Notice to Quit (Non-Payment of Rent)
- 30-Day Notice to Quit (Month-to-Month Tenancy)
Proper delivery and documentation of notice are critical.
Step 2: File Summons and Complaint
If the tenant does not comply, the landlord may file an Eviction Action Complaint (Form HOU102) with the local District Court (Housing Court in Hennepin and Ramsey counties). The filing fee is $285.[8] The court will assign a hearing date. Instructions on the complaint form.
Step 3: Serve the Tenant
A licensed process server must serve the Summons and Complaint on the tenant at least seven days before the hearing.[9] The tenant may file an Eviction Action Answer (Form HOU202) to contest the case.
Step 4: File Proof of Service
The landlord must file proof showing the tenant was properly served no later than three days before the hearing.
Step 5: Obtain Judgment and Enforce Removal
If the court rules in favor of the landlord, the tenant must vacate. If they do not, the landlord may request a Writ of Recovery of Premises and Order to Vacate, allowing the sheriff to physically remove the tenant and restore possession.
Court Forms & Resources
- Eviction Action Complaint (Form HOU102) – Filed by the landlord to formally begin an eviction case.
- Eviction Action Answer (Form HOU202) – Allows the tenant to respond and contest the eviction.
- Writ of Recovery of Premises and Order to Vacate – Issued after judgment if the tenant refuses to leave, authorizing the sheriff to remove the tenant.