Can Minnesota Landlords Evict Tenants in the Winter?

Can Minnesota Landlords Evict Tenants in the Winter?

A common misconception for Minnesota landlords and tenants is that evictions may not take place in the winter. In fact, there is no prohibition in Minnesota law against evicting tenants in the winter. In fact, there are protections for landlords concerning winter move-outs. Minnesota Statutes Section 504B.155 requires that tenants who move out of a property between November 15 and April 15 must provide their landlord with at least three days notice of intention to move out. If tenants do not provide this notice, they may be charged with a crime.

However, just as landlords may evict or terminate leases in the winter, tenants may choose to terminate their leases as well. There are no additional restrictions on tenants terminating their leases during the winter, as long as proper notice is provided. This creates flexibility for both landlords and tenants, and allows them to treat the tenancy the same during the winter as during the remainder of the year.

Interestingly, Minnesota Statutes Section 216B.096 does provide restrictions as to utility companies. The Minnesota Cold Weather Rule applies to utility companies, and restrains them from turning off or disabling utilities during the winter, subject to some limitations. This statute likely drives the common misconceptions concerning winter moveouts for Minnesota tenants and can provide some confusion to landlords as well.

In short, there are no winter-specific restrictions when it comes to evicting tenants. However, landlords must follow the strict statutory provisions in Minnesota Statutes Section 504B when terminating a lease or evicting a tenant. If you have any questions concerning Minnesota evictions, contact the experienced Minnesota landlord attorneys at RAM Law PLLC by phone at 651-468-2103 or by submitting our online consultation form.