Eviction Process in Minnesota
If you are being evicted in the state of Minnesota, you may not know how to proceed. Learning about the eviction process in Minnesota can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Minnesota and how long each step will take.
To begin the eviction process in Minnesota, your landlord must give you a “notice to quit.” This specifies why your landlord is evicting you and informs you of any actions that you can take in order to avoid eviction proceedings.
If you have failed to pay rent, your Minnesota landlord must give you 14 days of notice before beginning eviction proceedings. In this 14 day period, you may pay back rent along with any associated late fees in order to continue your tenancy according to the original terms of your lease agreement.
If you have breached some other provision of your lease, Minnesota law does not provide a specific amount of time for your landlord to give notice. If your landlord gives you notice for a breach of your lease, he or she may also include a way to cure the breach—for instance, by rehoming an unauthorized pet or paying an additional damage deposit. If you can cure the breach in the time allotted by your landlord, your tenancy will continue.
Court Filings and Hearings
If you do not respond to the notice given by your landlord, the eviction process in Minnesota continues when your landlord files a complaint with the district court clerk. You will be served a copy of the complaint, which details why you are being evicted, and a summons, which tells you that your presence is requested in court.
You are not required to attend the eviction hearing, but if you fail to appear, the judge will automatically rule in favor of your landlord and the eviction process in Minnesota will continue. Typically, your hearing will be held no more than one week after you have been served with the complaint and summons.
If your landlord is discriminating or retaliating against you, or if the landlord has violated some tenet of your lease, you may be able to fight the eviction case and win. If you win, the eviction process in Minnesota will stop for you and you may even be able to sue your landlord for damages. The best way to know if you have a case is to consult a lawyer familiar with the eviction process in Minnesota.
Writ of Recovery
If you lose at the eviction hearing, the judge will issue a writ of recovery. This permits the sheriff to assist your landlord in removing you from the premises. While you may petition the judge for a stay that will delay this writ from being executed, you may have as little as 24 hours to remove your belongings and vacate the premises before the sheriff forcibly removes you.
At no point can your landlord change your locks or shut off your utilities to force you to leave, even after a judgment has been made. Only the sheriff can remove you from your home. Consult a lawyer if your landlord is harassing or intimidating you to force you into leaving.