How to Evict a Roommate Not on the Lease in Minnesota

For Minnesota renters, living with a roommate who is not listed on the lease can create difficult situations—especially if you need them to move out. Understanding your rights and following the proper legal steps is essential to avoid unnecessary stress or legal issues while protecting yourself and your rental agreement.

Understanding Roommate Status and Your Rights

In Minnesota, roommates who do not appear on the rental lease are considered "occupants" or sometimes "subtenants." While they do not have formal leaseholder rights, you still must follow legal eviction procedures. You cannot remove them by changing locks or taking their belongings—this is considered a "self-help eviction," and it's illegal under Minnesota law.

Can You Evict a Roommate Who Is Not on Your Lease?

Generally, yes—but with important caveats. If you are the tenant on the lease (the "primary tenant"), and your roommate is not listed, you are effectively the landlord in the eviction process. However, you still need to follow Minnesota eviction procedures, which apply to rooming situations as well.

When You Can Evict

• Your roommate refuses to leave after reasonable notice
• There are safety, legal, or serious financial issues
• You have permission from your landlord (required in most leases)

It is important to review your own lease agreement—removing a roommate without landlord knowledge can sometimes be a violation and result in your own eviction.

Required Notice to Remove a Roommate

The first step is to give your roommate written notice asking them to move out. While Minnesota law does not specify a precise notice period for "occupants," most experts recommend giving at least 30 days' notice in writing.^[1]

• Write a dated, signed letter stating the date you wish them to leave
• Deliver the notice in person and/or send by certified mail if possible

Filing an Eviction Action in Minnesota

If your roommate does not move out by the date in your notice, the next step is filing an eviction (also known as an "unlawful detainer") with the district court in your county. The authority that oversees this process is the Minnesota Judicial Branch - Housing Court.

Key Official Forms

• Eviction Action Complaint (Form HOU102)
  Official Minnesota Eviction Forms
  When to use: File this if your roommate refuses to leave after written notice. Example: After giving 30 days' notice, your roommate will not vacate—file this form at district court to start the eviction process.

The Eviction Court Process

• Complete the Eviction Action Complaint (HOU102) with all required details
• File at your local county court (Housing Court division) and pay the filing fee (fee waivers are possible for low income–see the IFP form)
• The court will issue a Summons—arrange for legal service of these papers to your roommate
• An eviction hearing will be scheduled, usually within 7–14 days from filing
• Both parties appear; the judge will decide. If the order is in your favor and your roommate still doesn't leave, a Writ of Recovery may be issued and enforced by law enforcement.

What Minnesota Law Says

Evictions, including roommate situations, are governed by the Minnesota Statutes Chapter 504B: Landlord and Tenant.^[2] This includes your rights as a resident, timelines, and steps you must follow. Improper actions, like lockouts or removing property without a court order, are prohibited and can result in penalties.

Never attempt a "self-help" eviction—it is illegal to physically remove a roommate or shut off utilities as a means of forcing them out.

Steps to Legally Evict a Roommate Not on the Lease

The process generally involves these major steps. Each one is important for protecting your legal rights:

• Notify your landlord about the situation, especially if required by your lease
• Give your roommate clear, written notice to vacate (at least 30 days recommended)
• If they refuse, file an Eviction Action Complaint (Form HOU102) in district court
• Serve your roommate with legal notice of the court date (summons)
• Attend the eviction hearing and present your case
• If the court rules for you, follow up on enforcement through the court if needed

For more details, visit Minnesota Courts' Eviction Resources.

FAQ: Roommate Evictions in Minnesota

1. Can I change the locks or move my roommate's belongings out if they're not on the lease?
   No. Minnesota law prohibits "self-help" evictions. All removals must go through the legal eviction process.
2. What notice should I give a roommate to move out in Minnesota?
   While there’s no set statute, 30 days' written notice is recommended for non-leased roommates.
3. What if my landlord did not approve my roommate?
   Having an unauthorized occupant may violate your lease and can put your own tenancy at risk. Notify your landlord and seek written consent when possible.
4. What happens if my roommate refuses to leave after eviction?
   If granted by the court, law enforcement can use a Writ of Recovery to physically remove them.
5. Is there a filing fee to start the eviction process? Can it be waived?
   Yes, but low-income renters can apply for a fee waiver using the In Forma Pauperis (IFP) form.

Conclusion: Key Takeaways

• Minnesota law requires a formal eviction process, even for roommates not on the lease.
• Always provide written notice and never use self-help tactics.
• Review your lease and get help from official resources if needed.

Need Help? Resources for Renters

• Minnesota Judicial Branch – Eviction Information (official tribunal for evictions)
• Minnesota Attorney General – Landlord and Tenant Rights
• LawHelpMN – Eviction Self-Help Library (free legal aid for renters)
• Minnesota Housing – Forms & Resources

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1. Minnesota Attorney General – Landlord and Tenant Rights and Responsibilities
2. Minnesota Statutes Chapter 504B: Landlord and Tenant Law

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