Eviction Notice – Your landlord will often notify you of a problem by delivering an Eviction Notice to you. Technically, the Eviction Notice is the step before the eviction process begins. The Eviction Notice simply informs you that there is an outstanding problem the landlord wants you to correct, and that the landlord will begin the eviction process if you fail to fix the problem.

Minnesota law does not specify the amount of notice your landlord must provide. The landlord may immediately bring an Eviction Action for unpaid rent, unless your lease says otherwise.

Eviction Action – If you do not respond to the eviction notice by your landlord, the eviction process continues when your landlord files a complaint in court (this used to be called an Unlawful Detainer action). If that happens, you will be served with the complaint and a Summons. The Complaint tells you the reasons your landlord thinks he or she can evict you. The Summons will tell you when your eviction hearing is scheduled. You must be served with the Summons at least 7 days before the date of your hearing.

Eviction Hearing –You are not required to attend the Eviction Hearing, but if you fail to appear you will lose because you did not participate. Therefore, it is important to take a summons seriously. If your Eviction Hearing is for unpaid rent, the court will give you an opportunity (usually 7 days) to pay back the rent you owe (including interest), and avoid being evicted.

Writ of Recovery - If the court finds the landlord's case is not sufficiently supported, it will decide whether to expunge (remove) the case from the court's record. Sometimes you will need to file a separate motion with the court to get the eviction expunged (removed) from the court's record. If the court decides the landlord was correct to evict you, then it will issue a writ of recovery, which will be posted at your apartment. After the writ of recovery is posted, a law enforcement officer can show up and require you to leave the premises. Remember that only a law enforcement officer can physically evict a tenant.

This handbook is merely a guide, and cannot practically provide a complete source of information for every situation. In order to ensure complete compliance with the law, you should contact a lawyer as soon as you are served with a Summons and Complaint, especially since the deadlines are very strict.

Review the Lawyer Referral section below for assistance in finding a lawyer to help with your eviction process.

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Minnesota

Chapter: Housing and Contracts

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