Links and Resources

EVICTIONS IN MINNESOTA: A Rise in the Number of Renters Means a Rise in the Number of Evictions

1.15.09

Nash & Lodge, PLLP

By: Steven J. Lodge, Esq.

Displaced homeowners translates to an increase in renters. The dismal economy for builders and home-sellers has created a market for single-family home leasing. Unfortunately it is inevitably true that the rise in number of renters means a rise in the number of evictions. Here are some basic facts about eviction in Minnesota:

1. There is no self-help eviction in Minnesota. The ONLY way to remove a tenant (regardless of the nature of the lease agreement) from a rental premises is to bring an action in court. Evicting a tenant improperly can lead to a lawsuit by the tenant for unlawful eviction or “Ouster”, which may result in an award of treble damages and an award of attorney fees.

2. Eviction can be accomplished through a conventional lawsuit based upon the lease agreement in district court OR through the statutory (Minn. Stat. §504B.eviction process formerly known as an “unlawful detainer” action.) Non-payment of rent and holding-over are the most common grounds for a statutory eviction action. Other grounds exist, but are much less likely to satisfy some judges that eviction is a suitable remedy.

3. Statutory eviction is generally a two-phase process. The first phase is primarily used to determine if the tenant has a defense. If not, a remedy is often provided immediately. If the tenant has a defense, the trial (the second phase) is set within 6 days thereafter (subject to a longer delay if both parties consent.) Either party may request a jury.

4. Generally an attorney is not necessary at the first phase, even if the landlord is a corporation. At the second phase (trial) the complexities of law and the legal process are such that an attorney is highly recommended. If the landlord is a corporation, an attorney is required.

5. At the first phase a property manager with the landlord’s power of attorney may represent the landlord. At trial a power of attorney is inadequate to permit a non-attorney to represent the landlord.

6. The statutory eviction action is NOT a forum to collect rent, and no judgment for unpaid rent or other damages will issue. Damages must be sought in a separate lawsuit, if at all.

7. The court may impose a redemption price – an amount which, if the tenant pays in time, will nullify the eviction and reinstate the lease. The redemption price often includes the eviction filing fee.

8. The result of a successful statutory eviction is a “writ of restitution” otherwise called a “writ of recovery.” This writ is an order of the court dispossessing the tenant of the premises and instructing the sheriff to put the tenant off the premises if the tenant does not vacate voluntarily by a given date.

9. Enforcement of the writ is a separate matter. The sheriff’s process for enforcing the writ is typically to post a 24-hour notice to vacate. If the tenant fails to comply, the landlord must arrange a time with the sheriff to visit the property, at which time the tenant will be removed and the landlord must inventory any remaining personal property.

Finally, even a statutory eviction doesn’t excuse the landlord from compliance with the rest of the landlord-tenant statutes. For example, the tenant remains entitled to an itemization of deductions from any security deposit within the statutory period. Violation can result in an action against the landlord by the tenant. The cost of eviction, including the legal expense, may be properly deducted from the security deposit. To eliminate questions, though, the lease you use should specifically say so.

If you have any questions regarding evictions or need representation, do not hesitate to contact the author of this article.