All Laws Decoded

How to Evict a Roommate in Minnesota (and Other Household Situations)

What Minnesota law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.

Short answer: Minnesota defines a 'residential tenant' as a person occupying a dwelling under an oral or written lease or contract that requires payment of money or services, plus all other regular occupants of that dwelling unit. A lease can be oral. So a roommate who regularly lives in the unit may count as a residential tenant for many purposes even if not on the written lease; whether they have rights against the landlord under the lease depends on the facts. Minn. Stat. § 504B.001, subds. 8, 12

Roommate not on the leaseMinnesota defines a 'residential tenant' as a person occupying a dwelling under an oral or written lease or contract that requires payment of money or services, plus all other regular occupants of that dwelling unit. A lease can be oral. So a roommate who regularly lives in the unit may count as a residential tenant for many purposes even if not on the written lease; whether they have rights against the landlord under the lease depends on the facts.
Removing a roommate or subtenantMinnesota allows removal of a tenant only through a court eviction action followed by a writ executed by the sheriff; lockouts, utility shutoffs and similar self-help are not allowed. 'Landlord' includes a lessee in control of rental property, so a tenant who sublets to a roommate must give proper written notice and then file an eviction action if the roommate stays.
Many leases allow subletting only with the landlord's consent; the original tenant stays responsible to the landlord for the subtenant's rent and damage.
Guests who won't leaveNo statute sets a time after which a guest becomes a tenant. A person who has unlawfully occupied property or unlawfully keeps possession may be removed through an eviction action for unlawful detention; 'eviction' covers removing a tenant or occupant by court process.
A guest who becomes a regular occupant may be treated as a residential tenant. A 'license' (a personal privilege to be on property without any interest in it) is defined separately in § 504B.001, subd. 9.
Removing a family member or partnerNo statute specifically addresses removing a family member or partner. Regular occupants of a dwelling are included in the definition of residential tenant, and an eviction action may be used to remove a tenant or occupant who unlawfully keeps possession.
Where there is domestic abuse, an order for protection may also address who stays in the home.
Renting a room in your own home (lodgers)No statute — Minnesota's landlord-tenant chapter (ch. 504B) has no separate section for lodgers, roomers or boarders in an owner's home. A person who occupies a dwelling under an oral or written agreement to pay money or provide services is a residential tenant, and is removed through an eviction action.
Tenancy at willA tenancy at will is one where the tenant holds possession with the landlord's permission but without a fixed ending date. Either party may end it with written notice at least as long as the interval between rent due dates or three months, whichever is less.
Hotel and extended-stay guestsMinnesota's innkeeper law covers hotels, motels, resorts, boarding houses and furnished apartment houses held out for transient occupancy, meaning occupancy the parties intend to be temporary. There is a rebuttable presumption that occupancy is not transient if the unit is the guest's sole residence. An innkeeper may remove a guest for listed reasons such as nonpayment or disorderly conduct, and a guest who stays after being asked to leave for those reasons commits a misdemeanor.
No fixed number of days is set; a long-term stay that is the guest's only residence may be treated as a tenancy.

Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.

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Minnesota eviction laws · Free legal help in Minnesota · Roommate rules in other states

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.