Minnesota Eviction Laws: Legal Grounds vs. Illegal Actions

When conflict arises between a landlord and a tenant, emotions can run high, and confrontations may escalate to the point where eviction is the right option for all parties involved. If you are unsure of the legal eviction process and the laws protecting both tenants and landlords in Minnesota, a real estate lawyer from Trek & Trust Law can help you understand the legal reasons to evict a tenant in Minnesota (and what is not allowed).

When Can a Tenant Legally Break a Lease in Minnesota?

In the state of Minnesota, renters and tenants have rights that cannot be violated by their landlords. While there are many reasons a landlord might file for a valid eviction, there are multiple situations in which a tenant can break a lease without further penalties. These include:

• Uninhabitable Living Conditions. Units cannot violate health or safety codes. If the unit is condemned or unfit to be occupied, a rental agreement would be considered void.
• Victims of Domestic Violence. Tenants with a protection order or reasonable fear of imminent violence can terminate a lease early.
• Active Military Duty. Tenants who are deployed or relocated are protected by the Service Members Civil Relief Act (SCRA). This means they may have to break a lease to comply with their current service terms.
• Landlord Harassment or Privacy Violation. Landlords must give a 24-hour notice before entering a property. They also cannot act in bad faith with illegal leases or contracts. Additionally, it is illegal for your landlord to harass you in any way.

When Can a Landlord Evict Someone in Minnesota?

On average, 48% of Minnesota renters are burdened by the cost of housing. With uncertain economies and shifting job markets, the threat of eviction is daunting. Luckily, landlords cannot evict tenants without a valid reason and without following the legal process outlined by Minnesota state law.

Common reasons a landlord in Minnesota can lawfully file for the eviction of a tenant include:

• Non-Payment of Rent. If a tenant does not pay rent on time or refuses to pay rent in general, the landlord must first give the tenant written notice allowing them 14 days to pay their rent. Some lease agreements note a grace period for rent payment, so it is important to understand the terms of the agreement prior to taking action against your tenant.
• Breach of Lease Agreement. While the phrase “breach of lease” is vague, this covers any and all terms of a rental agreement and might include damage to the property, illegal activity on the property, or unauthorized animals or residents. If a tenant breaches their lease, a landlord may have the right to evict them in Minnesota.
• Holdover Tenant. In the case that a lease has ended and a tenant did not give notice to exit the premises, a month-to-month tenancy might be allowed, but the tenant might also be considered a holdover. If a tenant refuses to leave the property after the expiration of this lease, the landlord can begin the eviction process and seek damages.

It is important to remember that landlords cannot file for eviction for non-payment of rent until they have given the tenant a written notice giving the tenant 14 days to pay rent. Speak with a real estate attorney at Trek & Trust Law to review your Minnesota real estate case and advise you on the next steps.

Why Hire a Real Estate Lawyer When Dealing With Eviction in Minnesota?

Laws regarding the rights of renters and their landlords can be complicated to understand on your own, and any action taken against the other party can easily feel personal when finances and personal lives are being threatened. If you are in need of legal representation concerning your Minnesota eviction case, you should hire a real estate lawyer with over 15 years of experience from Trek & Trust Law.

We can help you better understand your rights and identify what legal pathways are right for your situation moving forward.

FAQs

What Are the Grounds for Eviction in Minnesota?

Commonly cited grounds for eviction in Minnesota include the nonpayment of rent, violating the terms of a lease, and conducting illegal activity on the premises. For rent violations, a landlord must give their tenant a written notice giving them 14 days to pay rent before filing for eviction.

When Are You Allowed to End Your Tenancy Early in Minnesota?

In Minnesota, there are multiple permitted grounds to end tenancy. These grounds allow tenants to legally break a lease or end their tenancy without incurring penalties. While proper written notice is still typically required, these legal grounds help keep Minnesota tenants safe from predatory or unsafe living conditions. These include:

• Uninhabitable living conditions
• Victims of domestic violence relocating
• Active service members relocating
• Landlord harassment or violation of privacy
• Illegal lease or contract
• Condemned or unfit unit

What’s the Quickest Way for a Landlord to Get Someone Out of Their Property?

In Minnesota, the quickest way to get someone out of your property is to revoke their permission to be there. You should have this statement in writing, and if the person still refuses to leave, you should call the non-emergency line or 911 if your safety is being threatened. If the person being asked to leave has an established residency, meaning they receive mail at the address or contribute to bills, a more formal eviction process is required.

What Is Not a Valid Reason for Eviction in Minnesota?

In Minnesota, landlords cannot evict tenants for illegal or unfounded reasons. Invalid reasons for eviction include retaliatory eviction, self-help eviction, discrimination, and unproven non-payment. Retaliatory eviction includes attempting to evict a tenant for exercising their legal rights or reporting code violations. Self-help eviction involves a landlord attempting to evict a tenant through the changing of locks or doors or turning off utilities without a court order.

Hire a Real Estate Lawyer Today: Contact Trek & Trust Law

There are many complex laws in place to protect Minnesota renters and landlords. Whether you are attempting to evict a tenant or if you are contesting an eviction notice in Minnesota, you can trust the experienced attorneys at Trek & Trust Law to protect your rights and find a resolution. Contact Trek & Trust Law today to schedule a consultation.