How to Evict a Tenant in Minnesota (2026)
The legal steps for landlords in Minnesota — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Minnesota a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Source: Minn. Stat. § 504B.321, subd. 1a |
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| Lease violation | No statutory notice or cure period. If the tenant has breached lease terms not involving rent or another financial obligation, the landlord generally does not have to give notice before filing, unless the lease requires notice. Source: Minn. Stat. § 504B.285, subd. 1 |
| Ending a month-to-month tenancy (no fault) | Either party may end a tenancy at will with written notice at least as long as the interval between rent payments, or three months, whichever is less. For a monthly tenancy, that means at least one full rental period. The AG handbook and Judicial Branch describe this as one full rental period plus one day (e.g., notice by May 31 to leave at the end of June). Source: Minn. Stat. § 504B.135 |
Local rent-control or just-cause rules can limit evictions: No statewide rent cap. State law preempts local rent control unless the measure is approved by voters in a general election. Saint Paul has a rent stabilization ordinance (originally adopted 'Ord of 11-2-2021', the 2021 general election date, per the ordinance's history notes): a 3% cap on increases within any 12-month period, with exceptions.
Step 2: Write and deliver the notice correctly
| What the notice must say | Before filing for nonpayment, the landlord must give written notice containing: (1) the total amount due; (2) an itemized accounting of unpaid rent, late fees and other charges; (3) the name and address of the person authorized to receive payment; and three statutory statements word for word: (4) "You have the right to seek legal help. If you can't afford a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local Legal Aid office." (5) "To apply for financial help, contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709." (6) "Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days." Delivery: personally or by first-class mail to the tenant at the rental address. The tenant has 14 days, or longer if local law requires. A copy must be attached to the complaint, or the case is dismissed and expunged. |
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| How it must be delivered | Before filing a nonpayment eviction, the landlord must give a 14-day written notice with required content, delivered personally or by first-class mail to the rental address. Termination of a tenancy at will must be in writing. If the landlord regularly uses electronic written communication with the tenant, it must make a good-faith attempt to tell the tenant about the eviction hearing at least 7 days before it; this is in addition to court service, not a replacement for it. |
Notice forms:
- Minnesota notice to pay rent or quit — requirements and free draft
- Minnesota notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Minnesota are heard in: Minnesota District Court in the county where the property is located (Housing Court in Hennepin and Ramsey Counties, where referees hear cases).
- Notice: for nonpayment of rent, a 14-day written pre-filing notice (§ 504B.321, subd. 1a); for holdover after a periodic tenancy ends, a proper written notice to quit; for non-financial lease breach, generally no notice unless the lease requires one
- File a complaint in district court, attaching the lease, any notices, and an itemized accounting in nonpayment cases (§ 504B.321)
- Serve the summons and complaint at least 7 days before the hearing by someone other than the landlord. Mail-and-post service is allowed only after at least 2 personal service attempts on different days, one between 6 and 10 p.m. Electronic notice of the hearing is also required if the parties normally communicate electronically (§ 504B.332)
- Initial hearing 7 to 14 days after the summons is issued (5 to 7 days for expedited cases involving illegal activity, serious endangerment, or, from Aug. 1, 2026, assault on the landlord or staff); if the case doesn't settle, trial is scheduled and either party may request a jury
- Judgment: if the landlord wins, the court immediately issues a writ of recovery of premises and order to vacate. The court must stay the writ for a reasonable period of up to 7 days, except in illegal-activity cases (§ 504B.171), cases where the tenant seriously endangers others' safety or intentionally and seriously damages property, or after a default judgment (§ 504B.345, subd. 1(d))
- In nonpayment cases, the tenant may 'pay and stay' any time before the landlord gets possession by paying rent owed, interest, court costs, and attorney fees (capped at $5) (§ 504B.291)
- A law enforcement officer serves the writ; the tenant has 24 hours to leave, after which the officer may remove the tenant. The landlord must inventory and store left-behind property for 28 days (§ 504B.365)
Court timing: Appearance is set not less than 7 nor more than 14 days after the summons is issued; service must be completed at least 7 days before the appearance. Expedited cases: 5 to 7 days after issuance, with service within 24 hours.
Source: Minn. Stat. §§ 504B.321, 504B.332, 504B.345, 504B.291, 504B.365
How long it takes to evict a tenant in Minnesota
For unpaid rent, the notice period is 14 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Minnesota
Court filing and service fees are set locally. Verified fees in the largest Minnesota counties:
| County | Filing and service fees |
|---|---|
| Hennepin County (Minneapolis) | $322 to file an eviction action ($310 base + $12 law library); $77 for rent escrow, lockout or emergency tenant remedies actions |
| Ramsey County (St. Paul) | $325 to file an eviction action ($310 base + $15 law library); $80 for rent escrow, lockout or emergency tenant remedies actions |
| Dakota County (Hastings, Apple Valley, West St. Paul) | $325 to file an eviction action ($310 base + $15 law library); $80 for rent escrow, lockout or emergency tenant remedies actions ($65 + $15) |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party may end a tenancy at will with written notice at least as long as the interval between rent payments, or three months, whichever is less. For a monthly tenancy, that means at least one full rental period. The AG handbook and Judicial Branch describe this as one full rental period plus one day (e.g., notice by May 31 to leave at the end of June). Source: Minn. Stat. § 504B.135 |
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| Someone who was never a tenant (squatter / unauthorized occupant) | No special squatter or affidavit statute. The owner files an eviction action. A person may be evicted if they 'unlawfully or forcibly occupied or taken possession of real property or unlawfully detains or retains possession' of it. Removal happens only after a court judgment and a writ of recovery of premises and order to vacate (§ 504B.345). |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction is illegal. A landlord who unlawfully and in bad faith locks out or excludes a residential tenant is liable for triple damages or $500, whichever is greater, plus reasonable attorney fees. A landlord may not interrupt electricity, heat, gas, or water. Penalty: triple damages or $500, whichever is greater, plus reasonable attorney fees. |
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| Retaliation | It is a defense to eviction if the landlord's notice or action is, in whole or part, a penalty for the tenant's good-faith attempt to enforce lease or legal rights or a good-faith report of code violations to a government authority. Rent increases or service cuts as penalties are also barred. If the notice to quit was served within 90 days after the protected act, the landlord must prove it was not retaliatory. After 90 days, the burden is on the tenant. |
| Accepting rent after the notice | In a nonpayment eviction, accepting a partial payment of back rent before the court's order of restitution does not waive the eviction only if the parties agree to that IN WRITING (before or after filing). Without a written agreement, accepting partial payment can waive the case. Separately, the tenant can redeem by paying all back rent plus interest, costs and up to a $5 attorney fee any time before possession is delivered (unless the case also alleges a material lease violation). |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Minnesota eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Minnesota?
Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address.
How much does it cost to evict a tenant in Minnesota?
Court fees are set locally — for example, Hennepin County (Minneapolis): $322 to file an eviction action ($310 base + $12 law library); $77 for rent escrow, lockout or emergency tenant remedies actions.
Can a landlord change the locks to evict a tenant in Minnesota?
Self-help eviction is illegal. A landlord who unlawfully and in bad faith locks out or excludes a residential tenant is liable for triple damages or $500, whichever is greater, plus reasonable attorney fees. A landlord may not interrupt electricity, heat, gas, or water. Penalty: triple damages or $500, whichever is greater, plus reasonable attorney fees.
How do you evict a tenant without a lease in Minnesota?
Either party may end a tenancy at will with written notice at least as long as the interval between rent payments, or three months, whichever is less. For a monthly tenancy, that means at least one full rental period. The AG handbook and Judicial Branch describe this as one full rental period plus one day (e.g., notice by May 31 to leave at the end of June).
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.