Minnesota Notices for Tenancies at Will, Lease Breaches, Foreclosures and Expedited Cases
Not every Minnesota eviction is about rent. Here is how a tenancy-at-will notice works, what a lease-breach complaint must say, how expedited cases and foreclosed rentals are handled.
How does a landlord end a tenancy at will?
Either party may end it by giving notice in writing, and the time of the notice must be at least as long as the interval between the times rent is due or three months, whichever is less (Minn. Stat. 504B.135). A monthly tenancy needs a month and a weekly tenancy a week. The Minnesota eviction notice calculator counts the period.
What are the grounds for an eviction?
A person entitled to the premises may recover possession by eviction when a person holds over after a sale on execution or judgment, after the redemption period on a foreclosure or tax sale, after the term of a lease ends or after rent becomes due as the lease provides, or when a tenant at will holds over after a notice to quit (504B.285, subd. 1). A landlord may not evict a tenant solely because the tenant was the victim of certain acts of violence.
What must the complaint include for a lease breach?
The complaint must attach the current written lease and addenda; for a breach it must identify the clause that is the basis, the nature and dates of the conduct and the clause that gives the right to evict for it; and for nonpayment it must attach a detailed, itemized accounting (504B.321, subd. 3).
What is an expedited eviction?
An action for illegal activity under section 504B.171, or on the basis that the tenant seriously endangers the safety of other residents or intentionally and seriously damages property, requires an affidavit of specific facts; if the referee or judge accepts it, the appearance is 5 to 7 days after the summons issues and the summons is served within 24 hours (504B.321, subd. 2). The court may not combine other claims, and a landlord that abuses the process can be fined up to $500.
What about a foreclosed rental?
A successor in interest after a foreclosure generally must give at least 90 days’ written notice to vacate and, for a bona fide lease with more than 90 days left, let the tenant stay to the end of the lease, as long as the tenant pays rent and follows the lease, with an exception for an owner who will live in the unit (504B.285, subd. 1a).
What should a tenant do after a notice?
Read the notice for the reason, the amount and the date. Pay what is owed if the reason is rent, and ask a county or tribal social services office or 2-1-1 about assistance. Keep every paper and call legal aid the same day. See the Minnesota eviction court process.
What a landlord should check
Match the notice to the ground: the rent interval or three months for a tenancy at will, the lease for a breach, and the affidavit route only for illegal activity or serious endangerment. State the facts, attach the lease and keep proof of delivery.
What a tenant should do
Read the notice for the reason and the date. Keep paying rent, ask legal aid and the court administrator about rights and mediation, and keep every paper.
Where to get help
Legal aid and the court administrator can read the lease and the notice. Bring both with the dates.
Keep a timeline
Write down each date you received a notice, because the periods run from delivery.
Ask about local rules
Ask the city or county whether a local rule gives a longer notice period before an eviction case, because the statute lets the longer local period apply to a rent notice.
Frequently asked questions
How much notice ends a tenancy at will in Minnesota?
At least the rent interval or three months, whichever is less.
What is an expedited eviction?
A case for illegal activity or serious endangerment with an appearance in 5 to 7 days.
What must a lease-breach complaint say?
The clause, the conduct, the dates and the clause that allows eviction.
How much notice after a foreclosure?
Generally at least 90 days’ written notice.
Can a landlord evict a victim of violence for being a victim?
Not solely on that basis.
Official sources
- Minn. Stat. 504B.135: terminating tenancy at will
- Minn. Stat. 504B.285: eviction grounds
- Minn. Stat. 504B.321: complaint and summons
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Minnesota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Minnesota attorney.