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UPDATED: Feb 13, 2020
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As long as the landlord follows the applicable laws, he or she can evict any tenant with proper notice. Common reasons that landlords file for eviction are failure to pay rent and breach of the lease. It may be tempting for landlords to physically throw out a tenant when the tenant has caused damage to the property or refuses to pay rent, but landlords must go through the proper steps to evict a tenant.
Available Minnesota Termination Notices
In order to evict a tenant, a Minnesota landlord must first give the proper notice that the lease is being terminated. Month-to-month tenancies can be ended at any time for any reason with 30 days notice (unless the landlord is retaliating or discriminating against the tenant). Definite term tenancies (e.g. 1 year) may only be ended by the notice terms provided for in the lease (usually 30 or 60 days), or for a significant breach. In the case of a significant breach, the landlord would begin the “unlawful detainer” (eviction) action.
Evictions in Minnesota are handled by the District Courts. You can find your local district court at the Minnesota Courts website. Some district court websites may have forms available online for you to fill out, or you can go to the district court itself to pick them up. While it may seem easy to evict your tenant by simply filling out forms, remember that events do not always turn out the way they are supposed to. If you are unsure of the termination and/or eviction process at any point, you may wish to hire a Minnesota landlord tenant attorney. You can also refer to Questions to Ask Your Minnesota Evictions Lawyer below when speaking with an attorney.
Self-Help Evictions in Minnesota
It is illegal in Minnesota to lock out tenants, turn off their utilities, or try to remove them in any way besides through the lawful eviction process. If a landlord uses self-help techniques to evict a tenant, the tenant may be entitled under Minnesota Stat.’ 504.255 to triple damages or $500, whichever is greater.
Questions to Ask Your Minnesota Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?