How soon can a landlord start eviction for not paying rent in Minnesota?

A landlord can file for eviction as soon as rent is late, but your lease may provide a grace period or require a notice to pay first. Always check your lease.

What happens if I miss my eviction court hearing in Minnesota?

If you miss your hearing, the judge may issue a default judgment, which could lead to a court order for your eviction.

How much time do I have to move out after a writ of recovery is served?

You are given at least 24 hours after law enforcement serves or posts the writ of recovery before a forced removal can occur.

Can I stop my eviction after the landlord has filed in court?

You may still be able to settle by paying what’s owed, negotiating with your landlord, or reaching a settlement before or at the hearing.

Where can I get official Minnesota eviction forms and information?

Find all official forms and guidance on the Minnesota Judicial Branch Housing Court website.

Minnesota Eviction Timeline: Step-by-Step Guide for Renters

Evictions & Lease Violations Minnesota published: June 21, 2025

If you're renting in Minnesota and concerned about eviction, knowing the process and your rights can help you prepare and respond. This guide explains the Minnesota eviction timeline from start to finish, including legal forms, required notices, and what to expect at each step. Whether you're facing a nonpayment of rent notice or another lease issue, the information here will help you understand your options and help you stay informed throughout the process.

Eviction Process Overview in Minnesota

Eviction in Minnesota, also known as an unlawful detainer action, is a legal process that a landlord must follow to legally remove a tenant. The process is regulated by Minnesota Statutes Chapter 504B: Landlord and Tenant.^[1] The Housing Court (under the Minnesota Judicial Branch) is responsible for handling these cases. Always make sure you receive proper written notice and never leave your home until a court orders you to do so.

Step-by-Step Eviction Timeline in Minnesota

The general steps your landlord must follow to evict a tenant in Minnesota include:

1. Notice to Vacate or Comply

Nonpayment of Rent: No written notice is required by law before filing an eviction, but some leases may require it. It's common for landlords to issue a notice or reminder first.
Lease Violations: For violations other than nonpayment, landlords generally provide written notice. Length of notice may be specified in the lease or determined by local ordinances.
Practical Example: If you're late on rent, your landlord may give you a verbal or written notice to pay. For behavior violations (like unauthorized pets), a written notice is typically provided with a deadline to fix the issue.

Always read your lease to check if specific notice periods apply.

2. Landlord Files an Eviction Action (Unlawful Detainer)

Official Form: Eviction Action Complaint (Form HOU102)
When Used: Landlords use this form to begin the formal court eviction process if the issue isn't resolved after the notice period.
Practical Example: If rent remains unpaid, the landlord completes and files the Eviction Action Complaint with the Housing Court in your county.

After filing, the court schedules a hearing and issues a Summons.

3. Tenant Receives Summons

Official Form: Summons (Form HOU115)
When Used: The court issues and serves you this document after the eviction is filed. It provides details on your hearing date and how to respond.
Practical Example: You receive the Summons either by in-person service or posting. The hearing is usually set for as soon as 7 to 14 days after filing.

Important: Read the Summons carefully. You have the right to attend the hearing, tell your side of the story, and present evidence.

4. Court Hearing

You and your landlord both have a chance to present your case before a Housing Court judge.
You may bring documents (lease, payment records, correspondence) and witnesses.
Court may encourage settlement before issuing a judgment.
Decision is typically issued the same day or soon after.

If you lose, the judge will issue an order for removal.

5. Writ of Recovery and Removal

Official Form: Writ of Recovery of Premises and Order to Vacate (Form HOU116)
When Used: If the landlord wins the case, the writ is issued to law enforcement, allowing them to remove you if you do not leave voluntarily.
Practical Example: If you do not vacate, the sheriff will post or serve the writ. You generally have 24 hours after it's served before being forcibly removed.

Never ignore a writ; leaving before law enforcement arrives can help avoid complications.

6. Tenant Options Post-Judgment

Payout or Appeal: You may be able to request more time, negotiate with your landlord, or appeal the decision if you believe it was incorrect. Appeals must be filed promptly.
Notice of Appeal (Form APL102) is used if you choose to pursue an appeal within 15 days.

If you receive any eviction court papers, do not ignore them. Attend your hearing and consider seeking free legal help. You may still have options to negotiate or catch up on rent.

Key Forms in the Minnesota Eviction Process

Eviction Action Complaint (HOU102) – Used by landlords to start the eviction process.
Summons (HOU115) – The court's notice to you about the eviction hearing.
Writ of Recovery (HOU116) – Issued if the court orders removal.
Notice of Appeal (APL102) – Used if you appeal the court's decision.

Access all official forms directly on the Minnesota Judicial Branch – Housing Court Forms page.^[2]

Who Handles Evictions? Official Tribunal and Legislation

Tribunal: Minnesota Judicial Branch Housing Court
Governing Law: Minnesota Statutes Chapter 504B: Landlord and Tenant

For more on your rights, see Minnesota Attorney General – Landlord-Tenant Rights.

Minnesota Renter Eviction Process: Timeline Summary

Notice or demand (as specified by lease/local ordinance)
Filing of eviction by landlord in Housing Court
Tenant receives court Summons (hearing usually within 7-14 days)
Court hearing and decision
Writ of Recovery if the landlord wins; enforced by sheriff after 24 hours

The process can move quickly. Respond promptly to all notices and court dates.

FAQ: Minnesota Eviction Timeline and Tenant Rights

How soon can a landlord start eviction for not paying rent?
Minnesota law allows landlords to file immediately once rent is late, but your lease may provide for a short grace period or notice first. Always check your lease for these terms.
What happens if I miss my court hearing?
If you don't attend, the judge may issue a default judgment against you, which could result in an order for your eviction. Attend your hearing and bring any evidence or documentation to support your case.
Do I have to move out as soon as I get a writ of recovery?
No. Law enforcement must serve (or post) the writ, and you then have at least 24 hours to leave before a forced removal can occur.
Can I stop an eviction after it's filed?
It may be possible. You can try to pay what you owe, negotiate with your landlord, or seek legal aid. The court may allow a settlement up to the day of the hearing.
Where do I find official eviction forms and more information?
All official Housing Court forms and information are available at the Minnesota Judicial Branch Housing Court website.

Conclusion: Key Takeaways for Minnesota Renters

Evictions in Minnesota move quickly, but you must receive court paperwork before you have to leave.
Always read the summons and attend your hearing to protect your rights.
Official forms and resources are available through the Minnesota Judicial Branch and Attorney General’s website.

Staying informed of the process and deadlines can make a difference—do not ignore any eviction paperwork and seek help if you need it.

Need Help? Resources for Renters

Minnesota Judicial Branch – Housing Court (official tribunal for eviction cases)
Minnesota Attorney General – Landlord-Tenant Rights
LawHelpMN: Minnesota Eviction Process Guide
For free legal assistance, contact Legal Aid Services of Minnesota or call 1-877-696-6529.