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What is the eviction process in Minnesota?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Minnesota eviction is governed by Minn. Stat. Chapter 504B.

1. Notice

  • Nonpayment: 14-day written notice to pay or vacate (Minn. Stat. § 504B.321, subd. 1a, as amended by 2023 legislation). Tenant may cure by paying within 14 days.
  • Material lease breach: Notice required by lease; if silent, no statutory minimum, but 30 days is common practice.
  • No-cause termination: For tenancy-at-will or month-to-month, notice equal to one rental period (or 3 months, whichever is less) (Minn. Stat. § 504B.135).
  • Building condemned or sold: 30+ days under § 504B.285.

    • 2. Filing the Eviction Action

    Landlord files a Complaint and Summons in District Court (Hennepin and Ramsey counties have a dedicated Housing Court). Filing fee is approximately $285.

    3. Service and Hearing

    Tenant must be served at least 7 days before the hearing (Minn. Stat. § 504B.331). Hearing is held 7-14 days after filing.

    4. Trial

    First appearance is typically the trial date. Either party may request a jury. Court attempts to settle. Tenant may pay full rent owed plus costs at any time before writ executes to redeem in nonpayment cases (Minn. Stat. § 504B.291).

    5. Judgment and Writ of Recovery

    If landlord wins, court enters judgment and a Writ of Recovery of Premises. Court may stay issuance up to 7 days for hardship.

    6. Sheriff Lockout

    Sheriff posts the writ giving tenant 24 hours notice and then changes the locks. Tenant has 28 days to retrieve personal property.

    7. Expungement

    Minnesota allows automatic expungement of an eviction record if the case is decided in tenant's favor or if dismissed (§ 484.014, as expanded by 2023 legislation).

    8. Tenant Defenses

    Covenants of habitability with rent escrow (Minn. Stat. § 504B.385), retaliation (§ 504B.285), illegal lockout (§ 504B.225), security deposit violations (§ 504B.178), discrimination (Minnesota Human Rights Act), and improper notice.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You want to escrow rent for repairs
    • You want to expunge an eviction record
    • Landlord changed locks without court order
    Related Statutes & Laws
    • Minn. Stat. § 504B.135
    • Minn. Stat. § 504B.291
    • Minn. Stat. § 504B.321
    • Minn. Stat. § 504B.385
    • Minn. Stat. § 504B.225

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.