Minnesota Eviction Process: The 14-Day Notice, the Hearing and the Writ, Step by Step

In Minnesota, a landlord can’t evict without a court order. The landlord files an eviction action in district court, wins a judgment, and then a law officer carries out a writ of recovery [4][5]. For unpaid rent, there’s an extra step up front: a written notice giving the tenant 14 days to catch up [1].

The 14-day notice

Before filing for unpaid rent, the landlord must give the tenant a written notice, in person or by first-class mail to the rental [1]. It has to include [1]:

• the total amount due, with an itemized list of unpaid rent, late fees and other charges,
• the name and address of the person who takes payment,
• statements about where to get legal and financial help, and
• that the tenant has 14 days to pay or move before the landlord can file.

If a city or county requires a longer notice period, the longer one applies [1].

The court case

The court sets the first hearing 7 to 14 days after the summons is issued [1]. The summons and complaint must be served at least 7 days before that date [2].

Some cases move faster. If the landlord swears to specific facts showing the tenant seriously endangered others, assaulted the landlord or staff, or seriously damaged the property on purpose, a judge can set an expedited hearing 5 to 7 days out [1]. A landlord who asks for one without a real basis can face a civil penalty of up to $750 [1].

Paying to stay: the right to redeem

In a rent case, a tenant can keep the home by paying the landlord, or bringing to court, the back rent plus interest, court costs and an attorney’s fee of no more than $5 [3]. This works any time before possession is handed over [3].

A written promise to pay from a qualifying government agency, or from a nonprofit that runs a government rental assistance program, can count toward redemption [3]. If the tenant can pay the back rent but not the costs and fees, the court may let the tenant pay those into court [3].

Judgment, the writ and appeal

If the landlord wins, the court issues the writ of recovery right away [4]. In most cases the court can stay it for up to 7 days, but not after a default or in cases involving serious danger or certain illegal activity [4].

Appeal. Either side can appeal within 15 days of the judgment [6]. If the tenant tells the court at the hearing that they plan to appeal, the writ is stayed for at least 24 hours [6]. To stay in the home during the appeal, the tenant posts a bond covering appeal costs and pays the regular rent as it comes due. The court can’t make back rent or late fees part of that bond [6].

Removal. When the officer serves the writ, the occupants are told to leave, with their belongings, within 24 hours [5]. The landlord must mail notice of the removal date and approximate time and make a good-faith effort to call [5]. If belongings are stored and not reclaimed and paid for within 60 days, the landlord can sell them at a public sale [5].

Other tenant protections

No lockouts. A landlord can’t remove or shut out a tenant without a court order, including by changing locks, removing doors or windows, or cutting off utilities [7]. The tenant can ask the district court to order them back in, and the sheriff enforces that order right away [7].

Retaliation. A tenant can defend against a notice to quit given as a penalty for trying to enforce lease rights or reporting code violations to the government. If the notice came within 90 days of that report or action, the landlord has to prove it wasn’t retaliation [8].

Rent escrow for repairs. If the landlord doesn’t fix code or lease violations within 14 days of written notice, the tenant can pay rent to the court administrator instead of the landlord [9]. A hearing is held 10 to 14 days after the tenant deposits the rent [9].

Where to get help

• District court administrator for your county: forms, fees and hearing dates.
• Legal aid: Minnesota’s legal aid programs help eligible tenants with eviction hearings, redemption and appeals.
• Your city or county: the 14-day notice must list resources for legal and financial help [1].