How Can a Landlord Vacate a Tenant in Minnesota?
- A landlord can file a Notice to Vacate form in the State of Minnesota to end a tenancy contract. The Notice to Vacate notifies the tenant that he needs to vacate a rental property in a specific time period. This type of notice is generally used when a tenant’s lease is set to expire and the landlord no longer wishes to rent the property to the tenant. The Notice to Vacate provides a final date for removal of property and the reason for vacating.
- The Notice to Quit is not a means of evicting or vacating a tenant, but rather shows the intent to initiate eviction proceedings if payment of rent is not made. The Notice to Quit is generally the first step taken when a landlord wishes to vacate a tenant from a rental property. Tenants are usually given a very short amount of time, often three to seven days, to comply or vacate the rental property. This type of notice can be issued for nonpayment of rent, damage to the rental property or when the tenant has not left the rental property after a lease has expired.
- It may not always be necessary to go through the legal notices and eviction proceedings to vacate a tenant from a rental property. It may be possible to approach your tenant and let her know you plan to start eviction proceedings unless she moves herself and her belongings from the rental unit in a timely manner. There will be no legal documents to aid you in this manner, but a peaceful resolution may be possible.
- The eviction process in Minnesota begins with an Eviction Complaint signed by the owner of the rental property and filed with the local court. A summons is then served along with a copy of the complaint to the tenant. An eviction hearing is scheduled and the landlord is given the opportunity to explain why he is entitled to possession of the rental property. The tenant is then given a chance to explain his circumstances and to defend his actions. A decision is ultimately made by the judge.