• Individuals are granted specific rights regarding eviction in Minnesota.apartment for rent image by dead_account from Fotolia.com
  
  In Minnesota, both the landlord and the tenant are guaranteed certain rights by state law regarding the eviction process. Evictions can be costly for landlords, stressful for tenants and equally unnerving for both parties. Fortunately for both, Minnesota statute provides a relatively straightforward process that eliminates many of the complications and uncertainties of the eviction process.
  
  

Possession

• According to Minnesota law, evictions may be filed against a tenant for non-payment of rent, lease violations, not leaving the premises following proper notice or expiration of a lease, mortgage foreclosures and cancellation of a contract for deed.
  
  

Unlawful Detainer

• Landlords must wait a specified amount of time, depending on the reason for eviction, before proceeding with an Unlawful Detainer action, i.e., the process of evicting a tenant. For non-payment of rent under terms of a lease, this can be as soon as the rent becomes past due as prescribed by the lease terms. For non-lease arrangements, eviction action can be filed after a tenant is given a written 14-day notice to quit. Other tenants without a written lease must be given a notice to quit equal to the lesser of three months or the amount of time of their rental period (i.e., weekly, monthly, etc.), unless the rent is past due. Action may be taken immediately for lease violations.
  
  

Compliance With Minnesota Statute 504B.181

• According to the Minnesota Courts' website, an Unlawful Detainer complaint may be dismissed if the landlord has not posted Statute 504B.181 (in writing) in a conspicuous place within the building. This statute requires disclosure of the name and address of the person authorized to manage the premises and the name and address of the agent or owner of the premises. If this information is not posted, the complainant must prove that the tenant had prior knowledge of the statute at least 30 days before the complaint.
  
  

Service of Complaint

• Once a complaint has been filed, the tenant must be served with a notice of the hearing date (between seven to 14 days prior to the hearing). This summons may be served personally to the defendant by a sheriff or other third party or to a person of suitable age and discretion who resides at the residence. If, after two separate attempts on different days, no one answers the service, the summons may be posted conspicuously on the door and a copy sent by mail.
  
  

Date of Hearing

• At the time of the hearing, the judge shall ask the defendant to admit or deny the allegations of the complaint. If the tenant admits the circumstances, the judge will render an immediate verdict, and a Writ of Recovery to evict the tenant may be issued to the landlord. If the judge rules in favor of the tenant, no further action will be filed. With a denial of the allegations, either party can request a jury or court trial no later than seven days later, unless a specific agreement is made.
  
  

Recovery

• If the judge rules in favor of the landlord (either after the hearing or the trial), a Writ of Recovery will be granted. This is a court order demanding the tenant vacate the premises. The judge may grant a period of time to execute this writ--up to a week if the tenant can show a hardship--but the tenant must be given a 24-hour written notice to vacate before the sheriff can forcibly remove the tenant and his belongings. Between the time of the verdict and the execution of the writ, the tenant may stay on the premises if he pays all past due amounts, interest (if applicable), court fees and attorney fees.
  
  

Collection

• The landlord is legally entitled to collect on unpaid rent. However, this process must be done through a separate action in Conciliation or District court.