Minnesota Eviction Requirements

• Both landlords and tenants should become familiar with the eviction laws in the state which they are renting in. Landlords need to know what legal requirements must be met in order to evict, and renters need to know whether an eviction is being served on firm legal grounds. In Minnesota, to evict a tenant, a landlord must file an "Eviction Action" in district court.

Unpaid Rent

• Unpaid rent is the most common reason for eviction. In Minnesota, as in most other states, not paying rent is a legally valid reason for a landlord to evict a tenant. The law allows landlords to evict a renter if her rent is not paid on the exact day it is due. Only an exemption in a lease which specifically allows for late payment of rent would void this.

Illegal Activity

• A renter can be evicted in Minnesota if he has broken the terms of his lease. All leases in Minnesota include a clause which prohibits illegal activity on the rental property. This includes oral leases.

  If renters are possessing, making or selling drugs on the property they can be evicted. Eviction actions that are filed with illegal activities as the cause will be heard more quickly than those filed for other reasons.

  Other illegal activities or problems with the law may also be listed in the lease, and can be reason for eviction. For example, having the police called to a property repeatedly could be grounds for eviction.

Damage to the Apartment

• Technically speaking, damage to a rental unit is a type of eviction that falls under lease violation, but deserves its own mention. Every lease should include a clause regarding maintaining the premises in reasonable condition.

  When renters damage property, they may be evicted. This can include damage caused by direct action, such as from parties the renters held. This may be easier to uphold if an additional clause prohibiting parties was present in the lease. This can also include damage caused by negligence.

Other Lease Violations

• A renter can be evicted for breaking any other specific terms that were agreed to in a signed lease. Common examples of these types of clauses include keeping pets or having unauthorized guests for times longer than those specified as acceptable in the lease.

  Renters should be notified of lease violations in writing. Landlords should keep copies of these violations to be used in the event that eviction proceedings are filed.

Failure to Vacate

• Landlords can ask tenants to vacate the premises for a variety of reasons. An eviction action could be started by a landlord if a client does not vacate the property after being given legal written notice to do so.

The Paperwork

• The proper paperwork for the eviction process begins with a complaint form that must be completed and submitted to the court. This form is available from the forms page of the Minnesota courts website.

  A successful eviction is contingent on proper paperwork. The original lease terms must be clearly outlined in the complaint. Additionally, the more documentation a landlord has regarding the offenses that broke the terms of that lease, the greater the chances are that the court will decide in favor of eviction.

  In Minnesota, a landlord is never given permission to physically evict a renter. If a physical eviction is required after the paperwork has been processed and the court decides in the landlord's favor, a Sheriff will be sent to evict the tenant.