Squatters' Rights in Minnesota
Minnesota rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: 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. Minn. Stat. §§ 504B.301, 504B.345
The rules in Minnesota
| Squatters / unauthorized occupants | 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). No 2024-2026 squatter-specific law was found in ch. 504B. 2026 c. 81 changed only expedited-hearing grounds (assault on landlord or staff), effective Aug. 1, 2026. |
|---|---|
| Belongings left behind | If a tenant abandons the unit, the landlord may take the remaining property and must store and care for it. The landlord has a claim for reasonable removal and storage costs. The landlord may sell or dispose of it 28 days after receiving actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned the unit, whichever is later. At least 14 days before a sale, the landlord must make reasonable efforts to notify the tenant: personal service in writing, or first-class and certified mail to the last known address, and in either case posting the notice of sale conspicuously on the premises at least two weeks ahead. Sale proceeds may cover costs and deposit-type claims; any surplus goes to the tenant on written demand. A landlord who does not return property within 24 hours of written demand (48 hours, excluding weekends and holidays, in some cases) faces punitive damages. Source: Minn. Stat. § 504B.271 |
Related questions
Minnesota vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Minnesota | 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). Minn. Stat. §§ 504B.301, 504B.345 | If a tenant abandons the unit, the landlord may take the remaining property and must store and care for it. The landlord has a claim for reasonable removal and storage costs. The landlord may sell or dispose of it 28 days after receiving actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned the unit, whichever is later. At least 14 days before a sale, the landlord must make reasonable efforts to notify the tenant: personal service in writing, or first-class and certified mail to the last known address, and in either case posting the notice of sale conspicuously on the premises at least two weeks ahead. Sale proceeds may cover costs and deposit-type claims; any surplus goes to the tenant on written demand. A landlord who does not return property within 24 hours of written demand (48 hours, excluding weekends and holidays, in some cases) faces punitive damages. Minn. Stat. § 504B.271 |
| Iowa | No special affidavit or police-removal statute. The owner uses the summary forcible entry and detainer (FED) action, which lies where the defendant entered the owner's prior actual possession 'by force, intimidation, fraud, or stealth' and keeps possession. For that ground, the 3-day written notice to quit otherwise required before filing is not required. Thirty days' peaceable possession with the plaintiff's knowledge after the cause of action accrues bars the FED action, so owners should act promptly. Iowa Code §648.1(1); §648.3(1); §648.18 | No statute — the residential landlord-tenant law (ch. 562A) has no procedure for belongings left in an apartment or house; §562A.29 covers only re-renting an abandoned unit, and the FED judgment/execution sections (§648.22) are silent on personal property. Iowa Code ch. 555B sets a removal, storage, sheriff-notice, and court abandonment process only for abandoned mobile homes and the owner's personal property in or around them. Iowa Code §562A.29; §648.22; ch. 555B (mobile homes) |
| North Dakota | Unlawfully detaining, occupying, or trespassing on a residential dwelling is a class C felony on a first offense, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a dwelling knowing you have no license or privilege to be there is also a class C felony, so police can treat squatting as criminal trespass. An owner can also bring a civil eviction action against someone who entered by force, intimidation, fraud, or stealth, or who holds possession by force or threats. North Dakota has no special affidavit-based removal procedure. N.D.C.C. § 12.1-22-03(1)-(2); § 12.1-22-06(1); § 47-32-01(1)-(3) | If the property left behind is worth $2,500 or less in total, the landlord may keep it and dispose of it without going to court, 28 or more days after getting actual notice that the tenant has moved out, or 28 or more days after it reasonably appears the tenant has moved out. The landlord keeps any sale proceeds. Storage and moving costs beyond those proceeds can come out of the security deposit. If the landlord removes the property after an eviction judgment and after the special execution has been served, the landlord has a lien for reasonable storage and moving costs and may hold the property until they are paid. N.D.C.C. § 47-16-30.1 |
| South Dakota | No special squatter-removal statute. An owner removes a person who entered by force, intimidation, fraud or stealth (or who holds possession by force or threats) through a forcible entry and detainer (FED) court action in circuit or magistrate court; the defendant has 5 days after service to appear, and the court enters judgment for possession. SDCL 21-16-1(1)-(3); 21-16-3; 21-16-7; 21-16-10 | Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. SDCL 43-32-25; 43-32-26 |
| Wisconsin | Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. Wis. Stat. 943.14; 175.403; 704.055 | If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. Wis. Stat. 704.05(5) |
City rules that may add to state law
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- Free legal help in Minnesota
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Squatters' Rights in Minnesota FAQ
How do you remove a squatter in Minnesota?
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). (Minn. Stat. §§ 504B.301, 504B.345)
What can a landlord do with a tenant's abandoned property in Minnesota?
If a tenant abandons the unit, the landlord may take the remaining property and must store and care for it. The landlord has a claim for reasonable removal and storage costs. The landlord may sell or dispose of it 28 days after receiving actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned the unit, whichever is later. At least 14 days before a sale, the landlord must make reasonable efforts to notify the tenant: personal service in writing, or first-class and certified mail to the last known address, and in either case posting the notice of sale conspicuously on the premises at least two weeks ahead. Sale proceeds may cover costs and deposit-type claims; any surplus goes to the tenant on written demand. A landlord who does not return property within 24 hours of written demand (48 hours, excluding weekends and holidays, in some cases) faces punitive damages. (Minn. Stat. § 504B.271)
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.