Are you facing eviction in Minnesota? Don’t panic! We’re here to help you navigate the Minnesota evictions process.
In this article, we’ll guide you through the steps involved, from receiving a written eviction notice to attending a court hearing. We’ll also cover the reasons for eviction and your rights as a tenant.
By understanding the process, you can protect yourself and take the necessary steps to resolve the situation.
So, let’s get started!
Reasons for Starting the Eviction Process in Minnesota
Contents
There are five reasons for eviction in Minnesota.
1. If you fail to pay rent
2. If you hold over after the lease has expired
3. If you violate a term of the lease
4. If you commit severe property damage or destruction
5. If you engage in illegal activity on the premises
It’s important to understand that these reasons are legally valid grounds for Minnesota evictions. If you find yourself in a situation where you’re being evicted for any of these reasons, it’s crucial to seek legal advice and understand your rights as a tenant.
Landlord Serves a Written Minnesota Evictions Notice
To initiate the eviction process in Minnesota, the landlord serves you, the tenant, a written eviction notice. The type of notice required depends on the reason for eviction.
For periodic tenancies, such as month-to-month leases, the landlord must provide a Rent Demand Notice, giving you 14 days to either pay the rent owed or vacate the premises. For leases longer than 20 years, the notice period is extended to 30 days.
If the eviction is due to a lease violation, the specific notice requirements aren’t specified.
It’s important to note that the landlord may seek to recover actual damages and reasonable attorney’s fees in the eviction process.
Once you receive the written eviction notice, it’s crucial to understand your rights and responsibilities and take appropriate action.
Landlord Files an Eviction Lawsuit With the Court
After receiving the written eviction notice, you, as the tenant, should be aware that the next step in the eviction process in Minnesota is when the landlord files an eviction lawsuit with the court. To initiate the lawsuit, the landlord will file a complaint in court and provide copies of the complaint, lease, and eviction notice. They must also pay a filing fee to the court.
In most counties, the landlord will file in the district court, but in Hennepin and Ramsey Counties, they’ll file in housing court. If the eviction is due to illegal activity, the landlord must attach a copy of a police report.
Once the lawsuit is filed, the court will issue a summons to each tenant, which must be served at least seven days before the court hearing. The summons can be delivered personally, left with a person of suitable age and discretion at the residence, or delivered to an appointed agent or state official. If the tenant can’t be found in the county, the summons should be posted on the property.
It’s important to note that the tenant doesn’t need to file a written answer but can answer the complaint at the court appearance.
Court Serves Tenant a Summons
Once the eviction lawsuit is filed by the landlord, the court will serve you, the tenant, a summons. The summons is an official notice that informs you about the lawsuit and the court hearing date. It’s important to take this summons seriously and read it carefully to understand your rights and responsibilities.
The court is required to serve you the summons at least seven days before the court hearing. The summons can be delivered personally to you, left with a person of suitable age and discretion at your residence, or delivered to an appointed agent or state official. In cases where you can’t be found in the county, the summons should be posted on the property.
At the court hearing, you have the opportunity to answer the complaint and present your side of the case.
Tenant Gets 24 Hours to Move Out
You, as the tenant, are given a period of 24 hours to vacate the premises once the court decision is made. This means that once the court has issued its judgment in favor of the landlord, you have only one day to move out.
It’s important to note that this time frame is quite short, so it’s crucial to start making arrangements as soon as possible. Begin by finding a new place to live and organizing your belongings for the move. Consider reaching out to friends or family for temporary housing or assistance.
Additionally, make sure to update your address with important contacts, such as your employer, bank, and any utility companies. Remember, the 24-hour period is legally binding, and failing to comply may result in further legal action.
Conclusion
In conclusion, understanding the Minnesota eviction process is crucial for tenants facing the possibility of eviction. By knowing the reasons for eviction, the steps involved, and their rights and responsibilities, tenants can better protect themselves and navigate this challenging situation.
It’s important to stay informed and take the necessary steps to resolve the situation in a fair and equitable manner.