How to Evict a Tenant in Minnesota

You don’t want to evict a tenant in Minnesota, but circumstances could call for it at some point. 

Should you find yourself in this unenviable position, it’s important that you know exactly which steps to take. In this article, we show you how to take the right action at the right time. 

Minnesota Eviction Steps

Here are the many steps associated with evicting a tenant in the state of Minnesota. 

1. Provide a Written Notice to the Tenant

Before initiating an eviction, Minnesota law mandates that landlords serve tenants with a written notice, the specifics of which depend on the reason for eviction:

• Nonpayment of Rent: Effective January 1, 2024, landlords must provide a 14-day written notice before filing an eviction for nonpayment. This notice must include:
  
  
  • The total amount due.
  • A breakdown of specific charges.
  • The name and address of the person authorized to receive rent.
  • Statements informing the tenant of their rights and available assistance.
    
    
• Lease Violations or Illegal Activity: While state law doesn't specify a notice period for lease violations or illegal activities, it's customary for landlords to provide reasonable written notice, detailing the violation and any opportunity to remedy it.
• Month-to-Month Tenancies: Landlords must give a written 30-day notice to terminate a month-to-month tenancy.
  

It's crucial to ensure that the notice is delivered properly, either personally or via first-class mail, and that it complies with any additional local ordinances, such as extended notice periods in certain cities.

2. File an Eviction Action (Unlawful Detainer)

If the tenant fails to comply with the notice, the landlord can proceed to file an eviction action, known as an "Unlawful Detainer," in the appropriate district or housing court:

• Preparation: Complete the "Eviction Action Complaint" form (HOU102), ensuring all required information is accurate and complete.
• Filing: Submit the complaint to the court in the county where the rental property is located. In Hennepin and Ramsey counties, eviction cases are handled in housing court.
• Fees: Pay the filing fee, which is currently $285. If you cannot afford the fee, you may request a fee waiver.
• Documentation: Attach copies of the lease agreement, the eviction notice served, and any other relevant documents.

This is your official step into the legal system—make sure your paperwork is airtight and your claims are well-documented.

3. Serve the Tenant with Court Documents

After filing, the landlord must ensure the tenant is properly served with the court documents:

• Service Timeline: The tenant must be served at least seven days before the court hearing.
• Method: Service must be carried out by someone other than the landlord, typically a process server or law enforcement officer.
• Proof of Service: An Affidavit of Service must be filed with the court, detailing how and when the tenant was served.
• Alternative Service: If personal service is unsuccessful after two attempts on different days (one attempt between 6 PM and 10 PM), the landlord may serve the documents by mail and posting, following specific procedures outlined by the court.

Proper service is about due process—skipping steps here can cost you time, money, and momentum in court.

4. Attend the Court Hearing

Both landlord and tenant will appear before a judge on the scheduled court date:

• Preparation: Bring all relevant documents, including the lease agreement, eviction notice, proof of service, and any evidence supporting your case.
• Tenant's Response: Tenants may present defenses, such as improper notice, payment of rent, or retaliation claims.
• Outcome: If the judge rules in favor of the landlord, a Writ of Recovery will be issued, authorizing the sheriff to remove the tenant if they do not vacate voluntarily.

Court is where the eviction is won or lost—come prepared with everything, expect pushback, and stay professional.

5. Obtain a Writ of Recovery

If the court rules in favor of the landlord, the next step is to obtain a Writ of Recovery:

• Issuance: The court will issue the writ, which is a legal order directing the sheriff to remove the tenant from the property.
• Execution: The landlord must deliver the writ to the sheriff's office for execution.
• Timeline: The sheriff will serve the writ to the tenant, providing them with a final notice to vacate. If the tenant does not leave within 24 hours, the sheriff is authorized to physically remove them.

The writ is your green light to regain possession—just remember, only the sheriff has the power to carry it out.

6. Enforce the Eviction

The final step involves the physical removal of the tenant and their belongings:

• Sheriff's Role: Only the sheriff is authorized to enforce the eviction. The landlord cannot change locks, shut off utilities, or remove the tenant's belongings without the sheriff's involvement.
• Tenant's Property: If the tenant leaves property behind, the landlord must follow specific procedures for inventorying and storing the items, typically for 28 days, and must provide the tenant with an opportunity to reclaim them.
• Legal Compliance: It's imperative to adhere strictly to legal procedures during this process to avoid potential liability or legal challenges.
  

Once the sheriff takes over, stay hands-off—let the law do its job and follow required property procedures to the letter.

Eviction Alternatives in Minnesota

Eviction may be your only option, but you don’t want to head down this path until you consider all alternatives. Here are three of the most common.

1. Payment Plan Agreements

Before jumping to eviction, consider offering your tenant a written payment plan. In Minnesota, many tenants fall behind due to temporary hardships—job loss, medical bills, or unexpected expenses. A structured plan allows the tenant to catch up on rent over time while you continue receiving income. Be sure the plan outlines due dates, payment amounts, and consequences for missed payments. Both parties should sign and keep a copy.

This approach can preserve the relationship, avoid court costs, and reduce vacancies. Just make sure you follow up in writing and treat it like a formal business agreement—not a handshake deal.

2. Cash for Keys

“Cash for keys” is a voluntary agreement where you offer the tenant money to move out by a certain date. It may sound counterintuitive—paying someone who owes you—but in many cases, this can save you thousands in legal fees, lost rent, and property damage. Minnesota landlords often use this when tenants are clearly behind but not destructive or malicious.

To do it right, document everything. Specify the amount, the move-out date, and the condition the unit must be left in. Get it in writing. And always conduct a walkthrough before handing over any money. It’s simple, fast, and often effective.

3. Mediation Through Housing Services

Minnesota courts and nonprofits offer landlord-tenant mediation services that can help resolve disputes without litigation. Mediation brings in a neutral third party to help you and your tenant find common ground. You might negotiate new lease terms, settle payment disputes, or agree on a move-out plan without involving the sheriff or a judge.

This option is especially helpful if the tenant wants to stay but you’re concerned about behavior or payment. In some counties, mediation is required before an eviction trial. It shows good faith on your part and may lead to a solution that works for everyone—without the stress of court.

Minnesota Eviction Frequently Asked Questions

Here are seven frequently asked questions about eviction in Minnesota.

Can a landlord evict a tenant in the winter in Minnesota?

Yes, landlords can legally evict tenants during the winter months. However, utility shutoff protections may apply in cold weather, but they do not stop legal eviction proceedings.

How long does the eviction process usually take in Minnesota?

If uncontested, an eviction can be completed in as little as 2–4 weeks from notice to removal. Delays can occur if the tenant contests the case or requests a trial.

Can a tenant stop an eviction by paying rent late?

If the eviction is for nonpayment, a tenant may avoid removal by paying the full amount due before the court rules. Partial payments do not stop the eviction unless the landlord agrees in writing.

Are landlords required to accept rental assistance in Minnesota?

No, landlords are not legally required to accept rental assistance, unless bound by a federal program or local ordinance. However, accepting it may be a practical way to recover unpaid rent without pursuing eviction.

Can a landlord evict a tenant for having unauthorized occupants?

Yes, if the lease limits occupancy and the tenant violates it, the landlord can pursue eviction. They must document the violation and provide written notice before filing.

Does filing an eviction affect a tenant’s record in Minnesota?

Yes, eviction filings become part of the public court record, even if the tenant wins the case. These records can negatively affect a tenant’s ability to rent in the future.

Can a landlord evict a tenant without a lease in Minnesota?

Yes, month-to-month tenants can be evicted with proper notice, typically 30 days. The process still requires filing in court and cannot bypass legal procedures.

Final Word

Now that you know how to evict a tenant in Minnesota, you can feel more confident in yourself should you ever have to take this action.

If you’re at the point where you no longer want to manage real estate—perhaps because bad tenant are giving you the runaround—it may be time to sell your property (or properties).