What Does the Landlord Do After Your 30-Day Notice in Minnesota?
A Minnesota landlord prepares a termination notice to send to his tenant before he is allowed to take the eviction case to court. The tenant has 30 days to pack up and move to avoid going to court for the eviction. The landlord still has the option of suing for back rent later on, but you won't have an actual eviction to worry about. If the tenant remains in the Minnesota landlord's property, the landlord files the eviction complaint once the 30-day period concludes.
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Termination Period
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The tenant can leave at any point during the 30-day termination period if he wishes to avoid the negative effects that an eviction can have on his credit report. If the landlord wants to evict the tenant for a problem that can be corrected, the tenant can choose to eliminate the issue by paying his back rent or fixing a violation of the lease. The landlord includes the exact reason he is terminating the lease on the notice, so the document should spell out exactly what the tenant needs to do to get his lease back.
Filing
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When a tenant remains in an apartment after the Minnesota landlord terminates the lease, the landlord files for the eviction with an unlawful detainer suit. The landlord files the eviction suit in civil court. The court clerk files the eviction complaint and prepares a summons so the tenant knows about the impending legal action and when the eviction hearing occurs. The hearing date cannot take place earlier than seven days after the tenant receives the summons.
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Hearing
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If the Minnesota landlord complies with all proper service and eviction filing guidelines and has a valid reason to evict the tenant, the judge will most likely grant the eviction. The tenant may have grounds to defend himself if he was not properly served, if the landlord wants to evict him due to a discriminatory reason or if the landlord wants to evict him in retaliation for the tenant complaining or filing suit against the landlord.
Writ of Recovery
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If the landlord wins the eviction case, he can request a Writ of Recovery if he does not believe the tenant will leave on her own. The judge holds the Writ for several days to allow the tenant the opportunity to leave. If she is still in the apartment once the allotted period has passed, the Writ is granted and a sheriff goes to the property to physically evict the tenant.
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