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What is the eviction process in Minnesota?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Statutory Framework. Minnesota eviction is an Eviction Action under Minn. Stat. Ch. 504B (§§ 504B.281-504B.371). The 2023 omnibus (Ch. 52) added substantial pre-suit and procedural reforms.

2. Pre-Filing Notice. Nonpayment requires a 14-day pre-eviction written notice under Minn. Stat. § 504B.321 subd. 1a (effective Jan. 1, 2024). Material lease breach generally requires notice as set out in the lease (or a "reasonable" period). Termination of a tenancy at will requires written notice equal to the interval between rent days (capped at 3 months) under § 504B.135.

3. Filing the Complaint. File the Eviction Action Complaint and Summons in the district court where the property is located. Filing fee is approximately $285. Service must occur at least 7 days before the initial hearing.

4. Tenant Answer / Default. Tenant must appear at the initial hearing scheduled 7-14 days after filing. Written answer not required at first appearance.

5. Hearing. Court holds an initial hearing, then trial if contested (within 6 days). Defenses include covenants of habitability (Minn. Stat. § 504B.161), retaliation (§ 504B.285 subd. 2), and federal/state Fair Housing Act discrimination. Tenant has a right to redeem nonpayment by paying all rent, late fees, and filing fees before the writ executes (§ 504B.291).

6. Writ of Possession. Writ of recovery issues immediately upon judgment for landlord; sheriff executes within 24 hours (or 7 days if the tenant requests an expungement-related stay). Court may grant up to 7-day discretionary stay.

7. Self-Help Prohibition. Minn. Stat. § 504B.225 makes ouster (lockout, utility shutoff, removal of belongings) a misdemeanor and entitles the tenant to treble damages or $500 minimum plus reasonable attorney's fees.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.

9. Just-Cause. No statewide just-cause; St. Paul (Stable Homes Stable Families) and Minneapolis (Tenant Protections Ordinance) impose pre-eviction notice, just-cause-equivalent requirements, and tenant screening rules.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Tenant seeks expungement of an eviction record under Minn. Stat. § 484.014
  • Minneapolis or St. Paul tenant protection ordinance applies
  • Subsidized housing (Section 8, project-based) or PHA eviction
Related Statutes & Laws
  • Minn. Stat. Ch. 504B
  • Minn. Stat. § 504B.321
  • Minn. Stat. § 504B.225
  • 15 U.S.C. § 9058

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.