When Can a Minnesota Landlord Evict a Tenant?
When Can a Minnesota Landlord Evict a Tenant?
While most landlords and tenants understand the general principle that a tenant may be removed from a rental property through an eviction case, many do not fully understand the eviction process or the reasons why a Minnesota landlord may commence an eviction. In order to evict a tenant, a landlord must have a valid reason to start the eviction court case. However, even if the landlord does have a valid reason to evict a tenant, there are a variety of defenses that Minnesota tenants can raise in housing court.
Further, many landlords do not regularly engage in the eviction process, and thus have only a preliminary understanding of the steps they must follow to obtain a successful result.
What are some reasons for eviction?
There are several varying reasons that a landlord can bring a Minnesota eviction. A tenant may be evicted when they breach their lease, engage in some specific illegal activity at the residence, or fall behind on rent. Additionally, landlords may evict tenants who stay at the leased residence after receiving a valid notice to vacate the property. However, each of these claims has potential tenant defenses, so it is important for landlords to include all applicable reasons for eviction when they file an eviction complaint in court.
What is required before filing an eviction?
Depending on the reasons the landlord is evicting the tenant, a landlord must meet prerequisites before filing the case. In all eviction cases, the landlord must comply with Minn. Stat. § 504B.181 which requires landlords to make certain disclosure to tenants about the name and address of the landlord or other person authorized to accept notices. The landlord also must include this information in their eviction complaint.
Also, Minneapolis landlords evicting a tenant for nonpayment of rent must follow a new Minneapolis ordinance which requires disclosures to be made to the tenant at least 14 days before starting an eviction. If those disclosures are not made, the eviction case may be dismissed. Depending on the claim, landlords must comply with other, various requirements before filing their case.
What is the Minnesota eviction court process?
Once a Minnesota landlord has fulfilled the prerequisites to filing an eviction, they must officially commence the eviction action in court. This is started by filing an eviction complaint and paying the appropriate filing fee. Once the court receives the complaint, court administration will generate a summons and provide a hearing date. It is then the landlord’s responsibility to serve the summons and complaint on the tenant. Service on the tenant can be a complex process, and many landlords encounter problems with this step of the case. If process service is not in strict compliance with Minnesota law, the eviction case will be dismissed.
After the summons and complaint are properly served, the landlord must appear in court for what is usually a “first appearance,” or initial hearing. In some cases the first hearing date is a trial, but in most Minnesota counties, particularly in Hennepin and Ramsey County courts, the first hearing date is simply a time to discuss preliminary issues, potential settlement, and whether the case needs to be scheduled for trial. If the case is scheduled for trial, that trial date is required to be within 6 days of the initial hearing.
After a trial, if the judge rules in favor of the landlord, the landlord will be given a “writ of recovery,” or a document that directs the sheriff to return possession of the property to the landlord. The landlord will then have to coordinate with the sheriff to schedule a time to execute the writ, and move the tenant out of the property.
Minnesota Eviction Attorneys
The Minnesota eviction process can be complex, and a single procedural misstep by a landlord can result in their eviction case being dismissed, or having to start the process all over again. It is important for Minnesota landlords engaged in eviction proceedings to contact an experienced eviction lawyer. The Minnesota landlord attorneys at RAM Law PLLC are here to help. Call our Twin Cities eviction attorneys now at 651-468-2103 or submit our online form to set up your free consultation.