How-To ...
How to file a petition for a lockout
- Provide a description of the rental unit.
- Provide the owner’s name.
- State the facts that make the lockout or exclusion unlawful.
- Request that the tenant be given possession of the unit.
If the court agrees with the tenant, it may order the sheriff to help the tenant get back in. If the court decides the landlord knew or should have known that the lockout or other exclusion was unlawful, the court can order the landlord to pay the tenant damages, plus reasonable attorney’s fees.
How to respond to a filing
Eviction Information for Tenants
An eviction action is a legal action where a landlord files a written complaint with the court asking that the tenant be evicted (permanently removed) from the rental property. If the tenant does not agree with the complaint, believes he or she should not be evicted, or needs more time to move out, then the tenant must appear in court.
Learn more in the Eviction Law Fact Sheet
- You may lose the case;
- Judgment may be entered against you ordering that you be evicted from your home, the judge can order you to move immediately;
- If you don’t move, the sheriff can move you and your family out and can place all of your belongings into storage;
- You could have an eviction action on your rental history for ten years; possibly making it more difficult for you to rent in the future.
- Come to court and tell your side of the case;
- Prove to the court that your landlord does not have the right to evict you;
- Ask the court to allow up to seven (7) days to move. Tell the court why you need extra time; reasons include circumstances regarding young children, disabled or elderly family members. The court allows more than seven (7) days to move only if your landlord agrees to it.
Get legal advice and other help at the Housing Court Project.
Interpreter services – If you need an interpreter in court, please call the Housing Court at (612) 348-6000 right away so that an interpreter can be scheduled.
- Bring the rent money to court with the court fees listed on the complaint. Bring your money in the form of cash or certified check;
- If you do not have the money, you may be eligible for financial help. Call Hennepin County Economic Assistance at (612) 596-1300 or United Way 211 at (612) 335-5000 to learn about rent assistance;
- If you have not paid your rent and your apartment is not in reasonable repair, you must bring the rent to court and tell the court about the repairs needed.
- Court papers were not properly served;
- You did not violate your rental agreement;
- Landlord did not give you proper notice to move;
- Landlord is retaliating (getting even);
- Apartment is not in reasonable repair;
- Landlord is discriminating against you because of race, sex, marital status, religion, national origin, disability, affectional preference or qualification for public assistance or welfare.
- Read both the Summons and Complaint carefully to find the hearing date, time and location, as well as the reason the landlord wants to evict you from your residence;
- Write down a response to the complaint. Decide what to tell the court about your case;
- If you have young children, please arrange for someone else to care for them while you are in court; you may be in court for several hours;
- Arrive to court on time. If you are late, the hearing may start without you and you could be ordered to move out of your home.
- Your court papers;
- Rent that you owe in the form of cash or cashier’s check;
- Receipt or canceled check to prove payment;
- Your lease and other papers that you signed to rent your place;
- Your notice to move;
- Witnesses, pictures, inspection orders and other documents, that support your case;
- Your written response to the reason your landlord wants to evict you.
- All cases are heard by a referee in Housing Court located on the 3rd floor of the C Tower in the Hennepin County Government Center;
- Volunteer mediators are available to help you and your landlord settle your case at the time of your court hearing. Tell the courtroom clerk at check-in if you want a mediator;
- If you are out of the courtroom or late when your case is called, you may lose your case. The landlord may get a 24-hour eviction notice from the court;
- If you wrote a response (Answer) to your landlord’s complaint, file the Answer, with the filing fee, at the front counter of Housing Court. Give a copy of the Answer to your landlord before the hearing starts;
- If you need more time to move, tell the court your reason. Acceptable reasons include circumstances regarding young children, elderly or disabled family members;
- If you want a jury trial, you may have to pay a jury fee.
Learn more in the booklet How to Prepare for Trial in Housing Court
How to file an Emergency Tenant Remedies Action (ETRA)
- Pay the filing fee (unless the filing fee is ordered waived due to inability to pay due to low income);
- File the petition in the Housing Court office at the Hennepin County Government Center.
These matters are typically scheduled quickly. If the court determines there is a problem caused by the landlord, the court will order the problem to be corrected immediately. Once the hearing is held, the court will decide how to proceed with the case.
Affidavit: any written document in which the signer swears under oath before a notary public or someone authorized to take oaths (like a County Clerk), that the statements in the document are true. In many states a declaration under penalty of perjury, which does not require the oath-taking before a notary, is the equivalent of an affidavit.
Emergency Tenant Remedies Action (ETRA): an action a tenant may file for emergency relief under Minn. Stat. § 504B.395, subdivision 1. A person may file an ETRA to petition the court for relief in cases of emergencies that include but are not limited to: Loss of Running Water, Loss of Hot Water, Loss of Heat, Loss of Electricity, Loss of Sanitary Facilities (i.e. toilet, shower/bathtub, etc.), Loss of Other Essential Services or Facilities that the landlord is responsible for providing to the tenant.
Expungement: removing the record of a case from the public view.
Hearing: any proceeding before a judge or other judicial officer without a jury in which evidence and/or argument is presented to determine some issue of fact or both issues of fact and law.
Initial Appearance: first court hearing a party may have.
Mediation: the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result.
Motion: a formal request made to a judge for an order or judgment. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date, to get a modification of an order, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, an oral motion may be permitted.
Referee: a judicial officer who presides over civil hearings. Referees are appointed by the chief judge in a judicial district in which the judge presides. Referees aid the judge by hearing certain matters and by making recommendations concerning special or complicated issues.
Rent abatement: a return of rent paid for a unit that was in disrepair.
Rent Escrow: an action or petition that may be filed by a tenant that involves non-emergency repairs per Minn. Stat. § 504B.385. A Rent Escrow action is intended to remedy non-emergency repairs that impair the enjoyment or habitability of the property. These non-emergency repairs may include but are not limited to: Fire Prevention Violation, Bed Bugs, Housing Maintenance Violations, Vermin Infestations
Tenant Remedy Action (TRA): an action that is similar in nature to a Rent Escrow, but typically contains more complicated procedures than a Rent Escrow Action per Minn.Stat. § 504B.395. Typically a Tenant Remedy Action may be regarding issues such as: A health or housing code violation, A violation of the Landlord's obligation to keep the rental unit in reasonable repair, A violation of an oral or written rental agreement or lease.
- Records Center Hennepin- How to get court records
- How to file an eviction
- How to file a rent escrow action
- How to prepare for trial in Housing Court
- Appeal
- Civil Court
- Conciliation Court (small claims)
- Emergency Housing Assistance
- Hennepin County Property Information
- Civil Process, Foreclosures, & Writs
- MN Attorney General's Office - Housing & Mortgage Assistance
- U.S. Housing & Urban Development (HUD)
- LawHelpMN