Landlord Resources

A person authorized to act on behalf of someone else.
 

Also known as Small Claims Court, this court is for cases involving monetary and property claims of up to $15,000.

A court case brought by a residential tenant because of the loss of essential services or facilities, including heat, water, and/or electricity.
 

A court proceeding for a landlord to remove a tenant or other occupant from the property. This gives legal possession of the property back to the landlord.  This used to be called unlawful detainer.

A legal document issued by the court which states the time, place, and location of the first court hearing.

A specialty court created in Hennepin County and Ramsey County to hear and decide cases related to the possession of residential rental housing.

A letter to end a lease that can be written by either the landlord or the tenant.

A lease that is renewed every payment period at the time rent is due. Periodic leases are typically renewed each month, which are often called “month-to-month” leases.
 

A legal document authorizing an agent to appear in court on behalf of the landlord in Housing Court (Hennepin and Ramsey counties only).

A court proceeding brought by a tenant to get a court order forcing the landlord to make repairs to the property. This requires the tenant to deposit rent with the court instead of paying it to the landlord.

The process of delivering an eviction summons and complaint to the named tenant when the tenant cannot be found after two attempts of personal service. See the Service by Mail and Post packet for more information.

Hand delivery of documents to a named party in the case.

Hand delivery of documents to someone of suitable age who lives with a named party in the case.

The delivery of legal documents by someone who is not connected to the case.

When the tenant has possession of the property by permission of the landlord but without a date for when the tenant has to leave. This typically occurs under a month-to-month lease.

While the filing of most evictions has been on hold during the pandemic, a new law was passed effective June 30, 2021 (see Article 5) that allows a gradual phase-in of eviction filings.  The new law also adds a new notice requirement.

The key dates on which certain eviction filings can begin under the new law are:

• Starting June 30, 2021 – eviction filings for tenants who are:
  • seriously endangering others;
  • significantly damaging property;
  • violating Minnesota Statute 504B.171, subdivision 1 (allowing certain illegal activities on the premises, including controlled substances, prostitution, unlawful use/possession of a firearm, and stolen property on the premises); or
  • not paying rent AND are eligible for rental assistance, but either refuse to apply or refuse to provide the landlord with proof they applied for it;
• 15 days (July 14, 2021) – eviction filings for material lease violations except nonpayment of rent;
• 75 days (September 13, 2021) – eviction filings for nonpayment of rent for tenants who are ineligible for rental assistance; and
• 105 days (October 13, 2021) – all eviction filings except those based on non-payment of rent for tenants who have pending applications for rental assistance.
• June 1, 2022 – all types of eviction filings allowed.

New notice requirement*: At least 15 days before filing an eviction for nonpayment of rent, landlords must give their tenants a written notice that states:

• That the state eviction moratorium has ended and the tenant may soon be subject to an eviction action;
• The total past due rent; and
• That the tenant should visit www.renthelpmn.org or call 211 to see if they qualify for financial assistance.

* = Note that in some situations a 30 day notice to vacate may also be required under section 4024(c) of the CARES Act, which applies to tenants in specified federally backed housing (e.g., federally subsidized housing, rural voucher-program housing, and housing financed through federally backed mortgages).
 
For more detailed information on the new law, see the HOMELine Eviction Moratorium Phaseout Info & FAQ page and the LawHelpMN COVID-19: Renters’ Rights and the end of the Eviction Moratorium page.

There are a few different programs that may offer rent assistance.  Each program has different rules about eligibility, but some programs changed their rules due to the COVID-19 pandemic.  Contact the organizations below for more information. You can also call 211 to learn about available housing resources.

NOTE: Under the new law effective June 30, 2021, landlords are prevented from filing evictions due to nonpayment of rent for tenants who have pending applications for rental assistance. This protection lasts until June 1, 2022. See the HOMELine Eviction Moratorium Phaseout Info & FAQ page and the LawHelpMN COVID-19: Renters’ Rights and the end of the Eviction Moratorium page for more information. 
 
NEW! A new COVID-19 Emergency Rental Assistance program is now available for landlords and tenants. There is helpful information about the program, along with a checklist for renters and landlords on the MN Housing website. Visit RentHelpMN.org to see if you qualify and apply for help.

County rent assistance: Your county or tribal human services office may offer emergency housing assistance. Click the link for contact information.
 
The following counties have set up specific webpages with detailed information about emergency housing assistance during the pandemic:
 

• Hennepin County
• Ramsey County
• Dakota County
• Washington County
• Carver County

City rent assistance: Some cities have created special programs to help pay rent. Check your city’s website or call your city office for more information.

Even if your houseguest never signed a lease or paid rent, it is possible that they may still be considered a tenant under MN law. If you have established a landlord-tenant relationship with your houseguest, then you will need to go through the eviction process to remove the tenant.

If you have not established a landlord-tenant relationship, there may be other non-court options you could try. See the Guests Who Stay Too Long Fact Sheet for more information.

If there have been incidents or threats of domestic abuse, you may be able to ask the court for an Order for Protection. See the Domestic Abuse and Harassment Help Topic for more information.

Talk to an attorney if you don't know whether you have established a landlord-tenant relationship, or for advice about starting an eviction.
 

Generally, a person who has an ownership interest in the property cannot be evicted. If there have been incidents or threats of domestic abuse, you may be able to ask the court for an Order for Protection. See the Domestic Abuse and Harassment Help Topic for more information.
 

Most cities require you to have a license to be able to rent and collect rent payments. Check your local city's ordinances for their specific requirements.

It depends. If you have a written lease, read through the terms to see whether it requires a specific kind of notice. If you plan to bring an eviction case because the tenant has broken any of the terms of the lease, you generally do not have to give notice before starting the case. However, if the tenant has not broken the terms of the lease, notice is usually required. If you give the tenant a proper written notice to vacate and they do not leave by the date in your notice, you may be able to bring an eviction case based on their failure to leave.   

To learn more, read the Notices to Vacate and Ending a Lease fact sheet and the Landlords and Tenants: Rights and Responsibilities booklet.

Notice requirements can be complicated. If you are not sure whether notice is required or what kind of notice to give, talk to a lawyer for some legal advice.
 

It depends on your lease, and also on why you are evicting your tenant. If your lease does not have a notice requirement, the statute states that you generally have to give the tenant notice of at least one month's rental period plus one day before starting an eviction proceeding. If you are evicting for nonpayment of rent, an eviction proceeding can be started the day after rent is due and unpaid.

There are exceptions to these timeframes. To figure out exactly how much notice you have to give your tenant, talk to a lawyer. If you do not provide proper notice to your tenant before starting the eviction process, your case could be dismissed.
 

It depends on your lease. Some leases have language that allows you to evict the tenant even you have accepted part of the rent. Talk to a lawyer if you are not sure whether your lease allows for eviction after accepting partial rent from the tenant.

Legally, no. If you do, your tenant can sue you for an unlawful lockout and may be awarded triple damages or $500, whichever is greater.

See the Foreclosure Help Topic for more information on foreclosure. You should also talk to an attorney to get advice on how your duties may be affected.

As a landlord, you have a duty to make sure that the apartment or rental unit is fit to live in, kept in reasonable repair, and kept up to the standard of state and local housing codes. You have 14 days to make repairs after your tenant serves you with a notice to repair. Keep in mind you have to give your tenant advance notice that you will be coming to make repairs.

If you do not make the needed repairs, your tenant can start a court action called a "Rent Escrow.” In this type of a case, the tenant can pay their rent to the court instead of to you. After you show proof that the repairs have been made, the court will release the rent to you.

The filing fee for an eviction case depends on the county you are filing in. See Fees to learn about eviction filing fees in your county. Choose the county in the drop-down menu and select the Search button.

If you cannot afford the court filing fees, you can ask the judge for a waiver of the filing fee. See the Fee Waiver Help Topic to learn how to ask for a fee waiver. This option is not available for businesses.

No. Generally, a tenant must be 18 years old to be a named defendant in an eviction case. Minors living with their parent or other legal guardian are typically not listed as defendants.

If you believe your tenant is a minor who is emancipated, talk to an attorney for advice about whether you can evict.

It depends. Natural persons (non-businesses) can represent themselves in court. Businesses are generally required to be represented by an attorney, with a few exceptions that only apply in Hennepin and Ramsey County Housing Courts.
 

• In Ramsey County Housing Court, an agent may appear on behalf of:
  • an individual,
  • a sole proprietorship, or
  • an association.
• In Hennepin County Housing Court, an agent may appear on behalf of:
  • an individual,
  • a sole proprietorship,
  • an association,
  • a corporation,
  • a limited liability company, or
  • a partnership.

In order for an agent to appear on behalf of a business in Hennepin or Ramsey County Housing Courts, a Power of Authority in Eviction Action must be attached to the complaint at the time of filing for it to be effective. Otherwise, businesses must be represented by an attorney.

You can ask for an expedited (faster) hearing if your tenant is causing a nuisance or acting illegally and the tenant’s actions are seriously endangering the safety of other residents, their property, or your property. To request an expedited hearing, fill out and file the Affidavit in Support of Request for Expedited Hearing. A judicial officer (a judge or referee) will decide whether your case can be expedited.

If the judicial officer determines that you do not meet the requirements for an expedited hearing, you will be fined a civil penalty of up to $500 for abusing this process.

An eviction summons and complaint must generally be personally served (hand delivered) to the tenant to start the case. For residential tenants, at least two attempts at personal service, with one attempt between the hours of 6:00 PM and 10:00 PM, must have been made before you can move on to serving them in a different way that is called service by mail and post.

For more detailed instructions on personal service, see Instructions - Eviction Action Complaint. For more information on serving by mail and post, see Instructions - Service by Mail and Post.
 

You generally have to store your tenant's personal property for 28 days after receiving a notice of abandonment, after it has become reasonably apparent that the unit has been abandoned, or after the tenants move because they have been served a Writ. You have a claim against your tenant for the cost of moving, storing, and caring for their property. For more information, see the Landlords and Tenants: Rights and Responsibilities booklet.

Generally, you can keep the security deposit to cover any unpaid rent. For damage, a tenant is not responsible for normal wear and tear of the premises. However, if the damage left behind is more than normal wear and tear, you may be able to use the security deposit (or part of the security deposit) to pay for the damage. If you do withhold any of the security deposit, you have to give the tenant a written explanation as to why the deposit is not being returned within 21 days after the tenancy ends. For more information, see the Landlords and Tenants: Rights and Responsibilities booklet.

Landlords can keep some or all of the security deposit to cover unpaid rent. If the deposit does not cover the full amount of rent owed, you can start a court action to recover unpaid rent from a tenant in either Conciliation Court (if the amount is less than $15,000) or District Court (if the amount is more than $15,000).

Yes. Although most evictions in Minnesota are currently on pause, tenants are still required to pay rent as usual. 
 

Yes, you can talk to your tenant and see if you can work out a solution that you are both comfortable with.  You can ask your tenant to go to mediation before you file an eviction, before you go to court, or at any time before the judge makes a final decision in your case.  There are many different mediation resources.  You can find more information about these options on the Alternative Dispute Resolution/Mediation Help Topic and the Settle Out of Court Help Topic.