What You Need to Know About Eviction in Minnesota

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How long your Minnesota landlord needs to notify you of a potential eviction mostly depends on what is written in your lease—so get familiar with it before anything goes sideways. Additionally, a landlord can only proceed with an eviction if the judge rules in their favor. 
With inflation on the rise and the economy in a state of general turmoil, making your rent payments on time has become extremely difficult. And if you’re one of the estimated 53,000 Minnesotans who have fallen behind on your rent payments, the threat of eviction probably weighs heavily on your mind. 
Jerry, the super app for renters and car insurance, is here to lend a helping hand. We’ll guide you through what you need to know about the Minnesota eviction process. You will have an overview of how long the process takes and learn some money-saving tips that can help prevent you from falling behind on rent. 
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Minnesota evictions 101: how you can be evicted 

Before learning about when a landlord is allowed to evict you, you should learn a bit about when they are not allowed to do so. In Minnesota, it is unlawful for a landlord to evict you simply for complaining to them directly or to the appropriate housing authority about the state of your property. 
So, if something vital in your unit breaks, like your plumbing, and your landlord refuses to fix it despite asking them to, your landlord cannot evict you for filing a complaint with a local government agency. That is called retaliatory eviction, and it is entirely illegal.  
Now, let’s get into what your landlord can evict you for. In Minnesota, you can be evicted for three reasons: 
  • Failure to pay rent: The landlord must give a 14-day notice for tenants-at-will. No notice is needed for all other tenants, and a landlord can go right ahead and file a complaint
  • Lease violation: The length of notice is contingent upon the terms of your lease, and landlords do not need to give tenants time to correct or “cure” the issue
  • Illegal activity: Notice lengths for unlawful activity, like drugs or weapons possession, depending on the lease terms
 To properly—and legally—execute an eviction, a Minnesota landlord must have a proper cause for doing so. That being said, landlords can also opt to not renew your lease when it expires. The length of notice your landlord must provide for that varies on the type of lease: 
  • Week-to-week: If you pay your rent weekly, your landlord must give you a 7-day notice 
  • Month-to-month: If you pay your rent monthly, your landlord must give you a 30-day notice 
  • Anything else: For any other kind of lease, your landlord must give you either a notice that is equal to the time between rent payments or a 3-month notice—whichever period is shorter 
It’s important to know that your landlord can only notify you in writing, either via email or a physical letter—verbal notice will not hold up in a court of law. 

A timeline of eviction in Minnesota 

Let’s say your landlord provides you notice of eviction (if applicable)—what happens next? Here’s a how long you can expect the eviction process to take from start to finish:
StepHow long it typically takesWhat to expect
Notice from landlord in writing0 days to 3 monthsIf a landlord does not wish to renew a lease once it has expired, they must provide written notice. If a tenant has fallen behind on rent, has violated the lease, or conducted illegal activity in the rented space, written notice is not needed
Summons and complaint24 hours to 7 daysOnce the notice period has expired, the landlord must then file a formal complaint and serve the tenant with court a summons
Hearing5 to 14 daysHow soon the hearing takes place varies on the cause for eviction. The hearing will be held 5 to 7 days after the court summons for eviction due to illegal activity. The hearing will be held between 7 and 14 days after the summons for all other evictions.
Writ of recoveryImmediately after rulingWhen and if the judge rules in the landlord’s favor, they will immediately issue the writ of recovery. This acts as the tenant’s final notice to vacate the property
Eviction24 hours after writ of recoveryAfter 24 hours have passed and the tenant has still not moved out, the sheriff may come and forcibly remove them and their belongings from the property
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A 24-hour timeline seems like a tight turnaround to get all of your belongings out. If you’re not being evicted due to illegal activity, you may request a 7-day extension to give yourself some time to make other living arrangements. 
Key takeaway From start to finish, the Minnesota eviction process can take anywhere between two weeks to three months. 

How to resist eviction in Minnesota 

In Minnesota, it is possible to halt an eviction in its tracks. Tenants who can get the money together for back payments, court fees, and other expenses can pay the landlord and stop the eviction. This is only for non-payment evictions.
But, for many rents, finding that windfall of cash is a bit of a longshot. Luckily there are still a few things you can do: 
  • Get to the cause. It’s best to deal with any cause for eviction head-on. If you’re proactive about addressing a landlord’s concerns, you can help prevent an eviction. 
  • Hold your landlord accountable. Your landlord has to follow a specific procedure for eviction, so make sure they follow protocol. Their failure to do so could result in the eviction case getting thrown out. 
  • Know when it’s not your fault. If your landlord wants to evict you to do property damage that was their responsibility to fix, you may be able to dodge eviction. 
  • Call out discrimination. In Minnesota, it is illegal to evict someone based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, familial status, gender identity, or sexual orientation. 

How to save money on car and renters insurance in Minnesota 

If you’ve fallen behind on your rent payments in the last few months, you’ll need a quick way to cut expenses to save some cash. When you download Jerry, you can save an average of over $800 a year on your car insurance policy alone.  The process takes only minutes, and Jerry’s ultra-friendly agents are there to help you every step of the way. 
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FAQs

Currently, no statewide laws prevent landlords from proceeding with evictions during Minnesota’s frigid winter months.
The Minnesota eviction moratorium ended in 2021. The only part of it that remains active prevents landlords from filing evictions against renters with active, pending applications for pandemic-related rental assistance.

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