To start a Minnesota eviction, you fill out Minnesota eviction complaint Form HOU102 and file it with the court administrator in the county where the rental property is located, along with the other forms in the Judicial Branch’s eviction complaint packet and the filing fee. Before any of that, though, Minnesota law requires you to give the tenant a written 14-day notice and wait that period out. Skip the notice and the court will dismiss your case.
Send the 14-Day Notice First
For an eviction based on unpaid rent or other money owed under the lease, you must give the tenant written notice that they have 14 days from the date of the notice to pay in full or move out. If a local ordinance in your city sets a longer notice period, follow the longer one.1Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.321 – Complaint and Summons
The packet includes Form HOU121 (Written Notice of Possible Future Eviction Action) for this step. You can hand it to the tenant or send it first-class mail to the rental address.2Minnesota Judicial Branch. Forms Packet – Eviction Complaint Packet If you file the complaint without providing this notice, the court must dismiss the case without prejudice and expunge the court file.1Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.321 – Complaint and Summons Courts don’t overlook this.
Keep a copy of what you delivered and a note of the date and method of delivery. You’ll need both when you file.
What’s in the Eviction Complaint Packet
The downloadable packet from the Minnesota Judicial Branch website contains five forms:2Minnesota Judicial Branch. Forms Packet – Eviction Complaint Packet
- HOU101, Instructions. A step-by-step guide for completing the complaint. You don’t file this one; it walks you through the rest.
- HOU102, Eviction Complaint. The core filing that tells the court who the tenant is, where the property is, and why you’re seeking eviction.
- HOU106, Affidavit of Personal Service. The sworn statement the server fills out after delivering the papers to the tenant.
- HOU121, Written Notice of Possible Future Eviction Action. The 14-day pre-filing notice.
- HOU125, Additional Litigants Form. Used when more than one tenant or occupant needs to be named.
If a property manager or agent is filing on behalf of the owner, some counties require an additional Power of Authority form (HOU103). Ramsey County and Hennepin County each have their own version, and it is not included in the standard packet.3Minnesota Judicial Branch. Housing / Landlord-Tenant Forms Check your county before filing.
What to Gather Before You Open HOU102
Minnesota’s complaint statute spells out specific details that must appear on the form. Missing any of them creates delays. Pull the following together first:
- The tenant’s full legal name and date of birth. The statute requires both. If you don’t know the date of birth, note that; include it if you have it.1Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.321 – Complaint and Summons
- The full property address, including any unit or apartment number. The statute requires you to “describe the premises of which possession is claimed.”1Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.321 – Complaint and Summons
- A copy of the lease agreement. This is your primary evidence of the contract and of the specific terms allegedly violated.
- The factual basis for eviction. Under section 504B.285, grounds include a tenant holding over after the lease expires, violating lease conditions, failing to pay rent, or staying after a tenancy-at-will is terminated by proper notice.4Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.285 – Eviction Actions; Grounds; Retaliation Defense; Combined Allegations
- An itemized financial accounting if you’re filing for nonpayment: specific amounts, the months they cover, and any late fees the lease authorizes.
- Proof of the 14-day notice you sent, with the date and method of delivery.
Name every adult occupant you want bound by the eviction order. If there’s more than one, add them on HOU125. An eviction order only binds people actually named in the case.
Filling Out HOU102
Download HOU102 from the Minnesota Judicial Branch website and work through it alongside the HOU101 instructions.5Minnesota Judicial Branch. Form HOU102 Eviction Complaint Two places where landlords commonly slip up:
The complaint must “state the facts which authorize the recovery of possession.”1Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.321 – Complaint and Summons That takes more than checking a box for “nonpayment” or “lease violation.” Write the specific dollar amounts owed and the months they cover, or describe the exact lease provision the tenant violated and when the violation occurred. Vague descriptions invite challenges at the hearing.
Then check that every name, address, and date on the complaint matches your lease records exactly. The court issues the summons from the information in your complaint, and inconsistencies between documents give the tenant grounds to contest service.
Filing with the Court
File the completed packet with the court administrator in the county where the rental property is located. The base filing fee for a civil action in Minnesota district court is $310 under Minn. Stat. ยง 357.021.6Minnesota Office of the Revisor of Statutes. Minnesota Code 357.021 – Filing Fees Some counties add surcharges; Hennepin County, for example, charges $322 for an eviction action.7Hennepin County District Court. Fees – Hennepin County District Court Call your court administrator for the exact amount. If you can’t afford the fee, you can ask the court to reduce or waive it.8Minnesota Judicial Branch. District Court Fees
Electronic Filing or Paper
Attorneys must file through Minnesota’s eFS system in all 87 counties. Landlords filing without an attorney can use eFS or file paper at the courthouse or by mail. Once you e-file a single document in a case, though, you have to keep using eFS for every filing in that case.9Minnesota Judicial Branch. File in a District (Trial) Court
After the court administrator reviews your packet, the court assigns a case number and issues a summons setting the initial court appearance. That date must fall between 7 and 14 days after the summons is issued.1Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.321 – Complaint and Summons
Serving the Tenant
You cannot serve the papers yourself. The server must be at least 18 and not a party to the case.10Minnesota Judicial Branch. Service of Process FAQs Service must happen at least seven days before the court appearance.11Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.331 – Summons; How Served With a hearing set 7 to 14 days out, that leaves little room for failed attempts.
If the tenant cannot be found in the county after at least two attempts on different days, with one attempt between 6:00 p.m. and 10:00 p.m., you can switch to service by posting. The summons gets posted in a visible spot on the property for at least one week, and a copy must be mailed to the tenant’s last known address. Before posting, the landlord or landlord’s attorney must file an affidavit stating that the tenant can’t be found or is believed to be out of state, and that a copy was mailed.11Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.331 – Summons; How Served
After service, the person who delivered the papers fills out HOU106, the Affidavit of Personal Service. File the proof of service with the court at least three days before the initial appearance. Defective service is one of the most common reasons eviction cases get dismissed, and judges check it closely.
At the Hearing
At the initial appearance, which takes place between 7 and 14 days from the date the summons was issued,12Office of the Minnesota Attorney General. Landlords and Tenants: Rights and Responsibilities the judge or referee hears from both sides. The tenant may contest the eviction, admit the facts and try to negotiate terms, or fail to show. Many Minnesota courts encourage mediation at this stage; if that produces a settlement, the case can resolve without a trial. Otherwise the court schedules a trial.
After You Win: The Writ of Recovery
If the court rules for you, it enters judgment for recovery of the premises and issues a writ of recovery and order to vacate. In most residential cases the court stays the writ for up to seven days to let the tenant move. The stay does not apply when the eviction is based on the tenant seriously endangering the safety of other residents or intentionally damaging property, or when the court enters a default judgment because the tenant didn’t appear.13Minnesota Office of the Revisor of Statutes. Minnesota Code 504B.345 – Writ of Recovery of Premises
The sheriff’s office executes the writ. A deputy posts or serves it, giving the tenant 24 hours to leave. If the tenant stays, you contact the sheriff to schedule the lockout. The writ expires 30 days after issuance, so don’t sit on it.
One thing to know going in: if the court rules against you or your case is dismissed for any reason, including defective service, the tenant has a right to have the eviction record expunged.14Minnesota Office of the Revisor of Statutes. Minnesota Code 484.014 – Housing Records; Expungement of Eviction Information Filing a weak case has real downside, so get the notice, the facts, and the service right the first time.