Minnesota Eviction LawPosted by Christopher Berkompas in Minnesota
Note: I am not a lawyer, and this does not constitute legal advice.
What constitutes grounds for eviction?
According to Minnesota law, a tenant can be evicted for, (1) nonpayment of rent, (2) other breaches of the rental agreement, or (3) when the tenant is refusing to leave after the lease has expired.
What is the process for evicting a tenant?
First, the landlord must file a complaint with the local court, after which he must deliver the summons to the tenant to appear at a hearing within seven (7) days. At the hearing, both sides will be asked to present evidence, and the judge will make his decision.
If the tenant loses, he still may immediately pay back rent, (if the eviction was for that reason) and remain in possession. Otherwise, the court will give him a maximum of a week to move, and if necessary will force him to do so through the local sheriff.
Can a tenant be evicted for the actions of a roommate or guest they let into their rental unit?
As in most states, the tenant is primarily responsible for keeping the premises in good condition. Therefore, if a guest of the tenant does harm to it, the tenant must make it good. If he fails to do so, he may be evicted for that reason.
Can a tenant be evicted in the winter?
Yes. Despite the common belief, there is no law against it.
Can a tenant be evicted without a hearing?
No, since the only legal way of evicting a tenant is through the "Unlawful detainer" lawsuit.
Can a tenant be served a pay or quit notice because of unpaid late fees?
Yes, if they are reasonable and intended to actually compensate the landlord for actual damages, not punish the tenant.
Do tenants have a right to be informed of the reason that they are being evicted?
When the landlord files his complaint with the court, he is required to give his reasons. However, with proper 30 day notice on a month-to-month lease, he does not have to give a reason for terminating the lease.
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