Are you a landlord in Minnesota facing the challenging task of evicting a tenant? The eviction process in Minnesota can be complex, but with the right knowledge and guidance, you can navigate it successfully.
This comprehensive guide will help you understand the Minnesota evictions process, from serving eviction notices to attending court hearings. You’ll also learn about the specific reasons for eviction recognized by Minnesota law and the necessary steps you must take as a landlord.
Whether it’s a refusal to vacate or a squatter issue, this article has the essential information you need.
Minnesota Evictions Process
To begin the eviction process in Minnesota, you, as the landlord, need to serve a written eviction notice to the tenant. This notice must state the reason for eviction, such as failure to pay rent or violating the terms of the lease.
Once the notice is served, you can file an eviction lawsuit with the court. The court will then serve the tenant a summons, which commands them to appear in court.
At the court hearing, both parties will present their cases and evidence, and the judge will issue a judgment. If the judgment is in your favor, the tenant will be given 24 hours to move out.
If they refuse to leave, you can obtain a Writ of Recovery of Premises and request the sheriff’s assistance in removing the tenant.
Reasons for Eviction
There are several common reasons for Minnesota evictions as a landlord. One of the main reasons is when tenants fail to pay rent.
If they hold over after the lease has expired or violate a term of the lease, eviction may also be necessary.
Additionally, severe property damage or destruction caused by the tenant can be grounds for eviction.
Engaging in illegal activities on the premises is another valid reason for eviction.
As a landlord, it’s important to be aware of these reasons and take appropriate action when necessary.
Landlord’s Actions in the Eviction Process
Serve a written eviction notice to the tenant to initiate the eviction process as a landlord in Minnesota.
After serving the eviction notice, you must file an eviction lawsuit with the court. In the lawsuit, you have the right to recover actual damages and reasonable attorney’s fees.
To file a complaint in court, make copies for yourself, the court, and each tenant. Take one copy to the Court Administrator and attach a copy of the written lease and the eviction notice served. Additionally, you’ll need to pay the court a filing fee.
Once the court receives your complaint, they’ll serve the tenant a summons. The summons commands the tenant(s) to appear in court and must be served at least seven days before the court hearing.
Court’s Actions in the Eviction Process in Minnesota
Once the court receives your complaint, they’ll promptly serve the tenant a summons, commanding their appearance in court at least seven days before the hearing. The summons, along with a copy of the complaint and an Affidavit of Personal or Substitute Service, must be served to the tenant(s) by a person of suitable age and discretion, an appointed agent, or a state official. The tenant(s) must be given ample time to prepare for their court appearance.
During the court hearing, both parties will have the opportunity to present their cases and evidence to the judge. The judge will then issue a judgment, which may result in the issuance of a Writ of Recovery of Premises and an Order to Vacate.
The execution of the writ may occur within a week, unless there are circumstances that warrant a longer stay. If the tenant announces their intent to appeal, there will be a 24-hour stay.
Tenant’s Move Out and Sheriff’s Removal
After the court issues a judgment and the tenant fails to comply with the order to vacate, you must proceed with the tenant’s move out and the sheriff’s removal.
During the tenant’s 24-hour move out period, a Writ of Recovery of Premises is given to the officer, who then posts the writ at the property, demanding that the tenant vacate within 24 hours.
If the tenant still doesn’t comply, the sheriff will be called to forcibly remove the tenant and their personal property. As the landlord, you’ll bear the expense of the removal.
There are specific rules and laws regarding the storage of the tenant’s personal property, and the tenant may be responsible for the payment of removal costs or a lien may be placed by the landlord.
If the costs aren’t paid within 60 days, a public sale of the tenant’s belongings may occur.
Conclusion
In conclusion, navigating the eviction process in Minnesota as a landlord can be challenging, but with the right knowledge and guidance, it’s possible to regain possession of your property successfully.
By understanding the eviction process, reasons for eviction, and taking the necessary actions, such as serving notices and filing lawsuits, you can effectively handle tenant issues.
Remember to consult legal resources and seek professional advice to ensure a smooth and lawful eviction process.