What Are the Eviction Laws in Minnesota?
As a homeowner who is a landlord, some situations may result in you kicking your tenant out. This process is called the eviction process. However, despite reserving the right to evict your tenant from your home, there are laws guiding this process.
For homeowners in Minnesota, understanding these eviction laws is crucial as it keeps you in sync with the laws should you need to evict any of your tenants. In this light, the real estate professionals at Bill Buys Houses have rounded up the eviction laws in Minnesota.
To legally evict a tenant in Minnesota, an individual must take the following steps below.
First Step: Eviction Notice
Before you successfully evict a tenant, ensure that you serve an eviction notice to the tenant.
There are situations that can necessitate eviction according to Minnesota eviction laws:
1. Non-payment of rent
2. Violation of lease terms or rental agreement
3. End of lease term/no lease
4. Illegal activity
Let’s summarize the eviction process for each of these reasons for eviction.
Eviction Due to Non-Payment
A Minnesota landlord has the right to evict a tenant due to non-payment of rent. In Minnesota, rent is considered late when it is not paid on the due date contained in the rental agreement.
For at-will tenants, you must drop a fourteen-day quit notice before pursuing the eviction process in court. For normal tenants, the law does not mandate you to issue a written quit notice before evicting the tenant.
Violation of Lease Terms or Rental Agreement
If your tenant violates your lease terms or rental agreement, you have the right to seek eviction in a court of law. Violation of terms could result from the tenant keeping a pet when there is no pet policy, damaging residential properties, or just a violation of the tenancy agreement.
Under this category, a landlord can issue an eviction notice to the tenant and can pursue the same if the tenant fails to quit the property at the expiration of the quit notice.
End of Lease Term/No Lease
If a tenant stays in your property longer than the period agreed on the tenancy agreement, a landlord is right to give a quit notice. If this is a week-by-week tenant, a 7-day quit notice is enough.
For monthly tenants, a 30-day quit notice is enough. If the tenant stays longer than the date contained in the quit notice, the landlord can begin an eviction process.
Depending on the terms of the lease, the amount of time contained in the quit notice may vary in situations involving illegal activity on a property.
According to Minnesota law, the following can be regarded as illegal activities by the landlord:
1. Possession of banned substances on the property.
2. Prostitution-related activity on the rental premises.
3. Illegal use or possession of a firearm on the rental property.
4. Storage of stolen property on the rental premises.
Step Two: Filing of Complaint
After ascertaining your reason for eviction and your quit notice has expired, the next is to file for complaint in court. The filing fee varies from one county to another.
Once you get the court summons for the tenant, the next thing is to serve the tenant with the court summons within 24 hours of the date the court issued the summons. In addition, anyone can serve the summons to the tenant.
Step Three: Court Hearing
Depending on the type of eviction, the number of days for court hearing may vary. For example, if the eviction is due to illegal activity, the hearing will last between 5-7 days.
For other types of eviction, the hearing may last between 7-14 days. Both the tenant and the homeowner can request for extension in the court hearing proceedings for up to 3 months.
Step Four: Issuing of Writ of Recovery
Once the court proceedings are over, a writ of recovery is issued, giving a final notice to the tenant to quit the property. If the tenant does not adhere to this, a licensed police officer can force the tenant out of the property.
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Are you a homeowner in the Twin Cities and need help with selling your home? We buy houses as-is, especially if this house needs to be sold fast, and as well as guide homeowners on the Minnesota eviction process.
You can schedule a quick meeting with our real estate professionals for a prompt assessment of your property. Our process is quick, and should you need to get on the call with our real estate consultants, you can do that via 651-270-9191.