Landlords in Minnesota initiated 24,211 eviction filings last year. Dealing with evictions is unpleasant, but it's a necessary evil in certain situations. Understanding the eviction process can help you make smarter decisions about whether an eviction is appropriate.
This guide will help you understand the eviction process.
Check Your Lease and the Law
Eviction laws can vary slightly in the different Minnesota counties. You may also have terms that impact your ability to evict a tenant in your lease. Finally, filing for an eviction is a lengthy process that will cost money.
As a landlord, you must decide if you can legally evict the tenant while complying with the lease and if it is financially wise. The most common landlord advice is to work with the tenant to find a solution outside of the eviction process.
Reasons to Evict
You cannot evict a tenant just because you feel like it. You also cannot do a retaliatory eviction, as this is illegal. In Minnesota, there are four reasons that you can evict a tenant.
- The tenant failed to pay the rent
- The tenant violated the lease
- The tenant is conducting illegal activity
- The tenant failed to leave after the end of the lease period.
Depending on the situation, you may need to provide the tenant notice and allow them to correct it. If you hired a tenant placement service, you likely have a high-quality tenant to work with to correct the issue.
For example, if the tenant fails to pay rent, there could be an issue with the rent collection method. Improving the rent collection process by working with the tenant can correct the problem.
Complaint Filing
If you can't resolve the issue with the tenant, you can move to the complaint filing phase. You must file in the correct court, complete the forms, and pay the required fees. The tenant will then be served with a summons to appear in court.
You and the tenant can present your arguments and evidence before a judge. The judge will then rule in one party's favor. If you succeed, you will receive a Writ of Recovery from the court.
Depending on the circumstances, the time the tenant has to move out can vary.
Timeline for Evictions
Evictions in Minnesota can vary significantly in length. Some can be completed in as little as two weeks, while others can take up to three months. Your eviction timeline will depend on the circumstances.
Get Help With Your Tenant Eviction
No landlord or tenant wants to go through eviction, but sometimes it is the only option. Before you jump to filing a complaint in court, try to work out the issue with the tenant. If this doesn't work, check your lease and the law to ensure you don't accidentally perform an illegal eviction.
Working with the property management team at PMI TC Metro can simplify your eviction management. Our experienced property managers will handle the filing, notice, summons, and everything else involved in evicting a tenant.
Protect your rental property by working with a property manager who can handle your evictions.
