Eviction Action Law in Minnesota
Minnesota law prohibits an owner or landlord from forcefully removing a tenant from rental property. To remove a tenant lawfully, the property owner or a person representing the owner must file an eviction action. An eviction action is the lawful method used to remove a tenant from the rental property.
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Unlawful Detainer
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In Minnesota, an eviction is referred to as an unlawful detainer action. An owner may file an action for several reasons, including the tenant's failure to pay rent, the tenant's refusal to move after being given appropriate notice or staying beyond the expiration of the lease or for violating a term of the lease. To recover back rent, the owner must file a separate action in the appropriate court.
Notification
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A Minnesota owner must post a written notification in a conspicuous place of the names and addresses of the manager and the owner or agent. The notification must occur at least 30 days prior to the filing of the eviction action. In the complaint, the petitioner must state that he has complied with notification requirements. The court will dismiss an eviction action for the failure to comply with this law.
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Complaint
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A complaint is the legal document that sets out the facts of the case and the complainant's claim. In Minnesota, the complaint must include important information, such as the date of the lease agreement or the date the tenancy commenced, the complete address of the plaintiff and the defendant, the length and terms of the lease and the reason for evicting the tenant. The plaintiff must pay a filing fee to file the complaint with the court. The plaintiff must make sure that the tenant is served the complaint and the summons, the document that notifies the defendant of the legal action brought against him and the date of the hearing.
Hearing
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On the day of the hearing, the tenant has the opportunity to admit or deny the allegations raised against him in the complaint. A decision in favor of the tenant means that the tenant has the legal right to continue living in the rental. If the owner prevails, she is entitled to recover the property.
Recovery
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Minnesota law prohibits an owner from forcefully removing a tenant himself. The owner must obtain a writ of recovery, a court order that commands the tenant to leave the rental unit. Once the court issues the order, the owner delivers it to the sheriff for enforcement. After the sheriff serves the tenant, the tenant has 24 hours to vacate the premises. The sheriff may forcefully remove the tenant if the tenant refuses to leave by the required time.
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