Minnesota eviction notice periods
Unpaid rent needs a 14-day written notice under Minn. Stat. 504B.321, subd. 1a. If the tenant doesn’t pay the total due or move out within 14 days of delivery or mailing, you can file. If a city or county requires a longer pre-filing notice, the longer period controls.
Ending a tenancy at will is a separate step. Under 504B.135, the notice must be at least as long as the interval between rent payments or three months, whichever is less, so a monthly tenancy needs one full month. A tenant who stays after that holds over under 504B.285, and you still need an eviction case to remove them.
Minnesota sets no statutory cure period for lease violations. The complaint must identify the lease clause breached, describe the conduct and its dates, and cite the clause giving you the right to evict for it, under 504B.321, subd. 3. Drug, prostitution, illegal firearm and stolen-property activity breaches a covenant implied in every lease by 504B.171, which voids the tenant’s right to possession.
What the 14-day notice must contain
The 14-day notice has a fixed checklist, and missing any piece gets the case dismissed. Under 504B.321, subd. 1a, it must show the total amount due, an itemized split of unpaid rent, late fees and other charges, and the name and address of the person authorized to take payment.
It must also carry three statements word for word: the tenant’s right to seek legal help with the LawHelpMN.org reference, how to apply for financial help through county or Tribal social services, MNBenefits.mn.gov or 2-1-1, and a warning that the landlord can file if the tenant doesn’t pay or move out within 14 days.
Deliver it personally or by first-class mail to the tenant at the unit. Attach a copy to the complaint, because subd. 1(d) requires the court to dismiss without prejudice and expunge the file if the notice is missing. Under subd. 1b, a county must accept the notice as proof of an emergency, without asking the tenant for more verification.
Statewide rules that shape Minnesota evictions
Minnesota has no statewide just-cause eviction law for private rentals, but several statewide rules narrow what a landlord can do. A landlord can’t penalize or evict for a tenant’s off-premises conduct unless it is a crime of violence against another tenant, a guest, the landlord or staff, or results in a violent-crime conviction, under 504B.171, subd. 2a.
An eviction file isn’t public until final judgment, under 504B.321, subd. 6, and the court must expunge the record if you don’t comply with the filing rules. The court also can’t make the tenant pay rent into court before final disposition, under 504B.335(e), unless the case will be delayed more than 10 days, and then only the rent that accrues during the case.
The Minnesota eviction case, step by step
File in district court in the county where the building sits. Under 504B.321, subd. 3, attach the current lease and addenda, an itemized accounting for a rent claim, the 14-day notice, and state whether the tenancy has a federal or state subsidy such as Section 8 or low-income housing tax credits.
The summons sets a first appearance at least 7 and no more than 14 days after it issues. Under 504B.332, it must be served at least 7 days before the appearance by personal or substitute service. If that fails, you can mail and post, but only after two personal service attempts on different days, at least one between 6 p.m. and 10 p.m. Post on the door of the tenant’s own unit, not the building entrance.
If you regularly text or email the tenant, you must also send a time-stamped message with the hearing date, time and place at least 7 days ahead. File the affidavits of service at least 3 days before the appearance.
At the first appearance, the tenant can answer and either side can demand a jury. If the case is contested, 504B.335 has the court set a trial date that allows discovery and time for the tenant to get counsel. If the tenant doesn’t appear, the trial proceeds under 504B.332, subd. 5.
Expedited cases for illegal activity and danger
For 504B.171 violations, behavior that seriously endangers other residents, intentional serious damage to property, or an assault on the landlord or the landlord’s staff or contractors, you can ask for an expedited hearing under 504B.321, subd. 2. File an affidavit with specific facts. If a judge or referee agrees, the appearance is 5 to 7 days after the summons issues, and service must happen within 24 hours.
The court can’t join rent or other lease claims to an expedited case. Filing one without a sufficient basis brings a civil penalty of up to $750.
Judgment, the writ and the sheriff
If you win, 504B.345 has the court enter judgment and immediately issue a writ of recovery of premises and order to vacate. The court must stay the writ for a reasonable time, up to seven days, except after a default judgment or in expedited-type cases.
The sheriff or a licensed police officer executes it under 504B.365 by demanding that the occupants leave within 24 hours, then removing them and their belongings if they don’t. You must mail the tenant the scheduled date and approximate time as soon as you know it and make a good faith effort to call. Belongings can be stored on site with a signed inventory or moved to storage at your expense, with a lien for the cost.
Either side can appeal within 15 days under 504B.371. A tenant who says they’ll appeal gets at least a 24-hour stay. The appeal bond can require only the regular rent as it accrues, not back rent or fees.
Redemption, lockouts and retaliation
In a nonpayment case, the tenant can redeem at any time before possession is delivered by paying the rent in arrears, interest, costs and an attorney’s fee capped at $5, under 504B.291. That right is lost only if you also proved a material lease violation in the same case. To take a partial payment without giving up the case, 504B.291(c) requires a written agreement that it won’t waive your claim.
Self-help is a misdemeanor. Under 504B.225, intentionally removing a tenant or cutting electric, heat, gas or water to force them out is a crime, and under 504B.231 the tenant can recover treble damages or $500, whichever is greater, plus attorney’s fees. A locked-out tenant can also get a court order restoring possession under 504B.375.
Retaliation is a defense under 504B.285, subd. 2. If you served the notice within 90 days after the tenant tried to enforce lease or legal rights or reported a code violation in good faith, you carry the burden of proving the notice wasn’t retaliatory.
Federal overlays in Minnesota
If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA loan, or a covered federal program, the CARES Act may apply. Section 4024(c), at 15 U.S.C. 9058(c), bars a landlord of a covered property from requiring a tenant to leave until 30 days after a notice to vacate. The moratorium ended in 2020, but the 30-day text remains and courts have split on whether it still applies, so a 30-day notice at a covered building is the safer course.
Before a default judgment, file an affidavit of the tenant’s military status under the Servicemembers Civil Relief Act, 50 U.S.C. 3931.
Minnesota eviction timeline at a glance
This table covers a residential nonpayment case in district court with no continuance or appeal.
| Step | Deadline | Rule |
|---|---|---|
| 14-day notice for nonpayment | 14 days from delivery or mailing, longer if local law requires | Minn. Stat. 504B.321, subd. 1a |
| First appearance | 7 to 14 days after the summons issues | 504B.321, subd. 1(c) |
| Serve summons and complaint | At least 7 days before the appearance | 504B.332, subd. 2 |
| File affidavits of service | At least 3 days before the appearance | 504B.332, subds. 3–4 |
| Expedited appearance | 5 to 7 days; serve within 24 hours | 504B.321, subd. 2 |
| Writ stay after judgment | Up to 7 days; none after default | 504B.345, subd. 1(d) |
| Sheriff’s demand to leave | 24 hours | 504B.365, subd. 1 |
| Appeal | 15 days after judgment | 504B.371, subd. 2 |
Worked example: the minimum cost of a Minnesota eviction
Assume a $1,500-a-month unit in a 20-unit building in Minneapolis, a tenant who stops paying, a notice handed over in person, no longer local notice period, and a tenant who appears but has no defense.
Deliver the notice on day 0 and file on day 15. With the summons issued that day, the earliest appearance is day 22. Judgment enters, and the court stays the writ the full seven days, to day 29. The sheriff’s 24-hour demand puts possession on day 30. If the tenant doesn’t show up, a default judgment carries no stay and the timeline is shorter.
At $1,500 a month, rent runs about $49.32 a day, so 30 days is about $1,479 of lost rent. Add an assumed $1,000 for an attorney and the total is about $2,479, before sheriff fees, storage and turnover. A contested case set for trial, or an appeal, adds time.
Alternatives to a Minnesota eviction
Because a tenant can redeem right up to the lockout, a written payment agreement is often the practical end of a Minnesota rent case. Put any partial-payment terms in writing, as 504B.291(c) requires, so taking money doesn’t undo the case.
Cash for keys is the other route when you want the unit back. Pay a set amount for a move-out by a fixed date, paid when the keys come back, and dismiss the case once the unit is empty.
Selling a Minnesota building with a pending eviction
You can sell while a case is pending. The buyer becomes the landlord, and the purchase agreement should say whether the buyer substitutes into the case or refiles, who keeps any money judgment and who pays counsel. Because the case file stays nonpublic until judgment, give the buyer the pleadings directly.
Expect requests for tenant estoppel certificates, the ledger and the notice. Our Minnesota landlord-tenant law guide covers deposits, late fees and entry rules that carry over to a new owner.
Selling your Minnesota apartment building to Skyline
Skyline buys occupied Minnesota apartment buildings with five or more units, including ones with problem tenants or a case already filed. We underwrite the rent roll as it stands.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
