23. EVICTION
Eviction Actions (Unlawful Detainer)
Landlords cannot forcibly remove tenants. In order to evict a tenant, a landlord must first bring an “Eviction Action,” or what used to be called an “Unlawful Detainer” action against the tenant. This is a legal proceeding conducted in district court. To bring such an action the landlord must have a legitimate reason. According to state law, legitimate reasons can be nonpayment of rent, other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy’s last day has passed. In general, if a tenant does not pay rent on the day it is due, the landlord may immediately bring an Eviction Action unless the lease provides otherwise.
After a contract for deed cancellation or mortgage foreclosure, the new owner of the building can also evict a tenant; provided that if the tenant leased the property during the contract for deed cancellation period or mortgage foreclosure redemption period under a lease beginning after the date the mortgage or contract for deed was signed and prior to the expiration of the time for redemption or termination, the tenant received proper notice to vacate. The law requires two month’s written notice to vacate no sooner than one month after the expiration of the contract for deed cancellation period or mortgage foreclosure redemption period; or two month’s written notice to vacate no later than the expiration of the cancellation or redemption period. This second notice option requires that the tenant be held harmless for breaching the lease if the mortgage is redeemed or contract reinstated.
With proper written notice, a landlord can end a month-to-month tenancy unless the landlord is limiting a tenant’s right to call the police for emergency assistance or retaliating or discriminating against the tenant. Definite term leases can only be ended according to the notice specified in the lease or if there has been a significant breach of the lease and the lease allows eviction for breach.
There are a number of steps both landlords and tenants must take in an Eviction Action:
The landlord must file a complaint against the tenant in district court. At least seven days before the
court date the landlord must have someone else serve the tenant with a summons ordering the tenant to appear in court. A court hearing must take place within seven to fourteen days after the court issues the summons. At the hearing, both the tenant and the landlord will be asked to give their sides of the story.
The judge will then deliver a decision. If the judge decides the tenant has no legal reason for refusing to leave or pay the rent, the judge will order the tenant to vacate the rental unit. If necessary, the judge will order a law enforcement officer to force the tenant out. If the tenant can show immediate eviction will cause substantial hardship, the court shall allow the tenant a reasonable period of time (up to one week) in which to move. A tenant may not seek or receive a delay based on hardship if the tenant is causing a nuisance or seriously endangering the safety of other residents, their property, or the landlord’s property.
If the Eviction Action has been brought only because the tenant owes rent, and the landlord wins, the tenant can still “pay and stay.” To pay and stay, the tenant must pay the rent that is past due (in arrears), plus interest (if charged), plus a $5 attorney fee if an attorney represented the landlord, and finally, any “costs of the action.” Costs of the action includes the filing fee (now about $250 - $255) plus the process server fee, plus witness fees if one was subpoenaed (called) for trial; costs do not include other legal or similar fees for handling/processing the case as those are capped at $5.
The court may give the tenant up to a week to pay the court costs. If a tenant has paid the landlord or the court the amount of rent owed, but is unable to pay the interest, costs and attorney’s fees, the court may permit the tenant to pay these amounts during the time period the court delays issuing a Writ of Recovery (eviction order).
If the Eviction Action has been brought because the tenant has withheld the rent due to disrepair, the judge may order the tenant to deposit the rent with the court. If the tenant wins, the judge may order that the rent be abated (reduced), in part or completely. (See page 17 for a description of withholding rent.)
Following a motion by the tenant, the court may find that the landlord’s eviction case is without merit. The judge may then decide to expunge (remove) the eviction case from the court’s record. See page 8 for a more complete discussion of expungement. If a tenant screening service (see page 7 for an explanation of tenant reports) knows that an eviction case file has been expunged, the tenant screening service must remove any reference to that file from data it maintains or disseminates.
It should be understood that only a law enforcement officer can physically evict a tenant. The landlord cannot. AWrit of Recovery - which is issued at the time the decision is handed down - must be posted on the premises at least 24 hours before the actual eviction. The law enforcement officer can show up to perform the eviction anytime after the 24 hours have expired.
A landlord may not obtain a judgment for unpaid rent in an Eviction Action. To obtain a judgment for unpaid rent, a landlord must bring a separate action in Conciliation Court or District Court.
Storage of Personal Property
When the law enforcement officer performs the eviction, the tenant’s remaining property must either be stored on the premises or placed in storage in a bonded warehouse or other suitable storage place.
In cases where the tenant’s property will be stored on the premises, the landlord must prepare an inventory that is signed and dated in the presence of a law enforcement officer acting pursuant to a court order. A copy of the inventory must be mailed to the tenant at the tenant’s last known address, or to an address provided by the tenant. The inventory must include the following:
A listing of the items of personal property, and a description of the condition of that property.
The date, the signature of the landlord, and the name and telephone number of the person authorized to release the property. The name and badge number of the police officer.
The officer must keep a copy of the inventory. The landlord must remove, store and take care of the tenant’s property. The landlord is liable for damages to, or loss of, the tenant’s personal property. The landlord should notify the tenant of the date and approximate time the officer is scheduled to remove the tenant and the tenant’s personal property from the premises. The notice must be sent by first class mail. The landlord should also make a good faith effort to notify the tenant by telephone, explicitly informing the tenant that the tenant and the tenant’s property will be removed from the premises if the tenant has not vacated by the time specified in the notice. According to Minnesota law, this provision may not be waived or modified by any oral or written lease or other agreement.
To Get the Property Back
If the tenant’s personal property is stored on the premises, the tenant may contact the landlord in writing to demand that the property be returned. The landlord does not have a lien on the property. If the tenant’s property is stored away from the premises (at a bonded warehouse or other suitable storage place) the landlord has a lien (legal claim) on the tenant’s personal property for the reasonable costs of removing, transporting, and storing the property plus court costs of the Eviction Action. The landlord can keep the property in such a circumstance until those expenses are paid.
Whether the tenant’s property is stored on or away from the premises, to get the property back the tenant does not have to pay any unpaid rent, late charges, etc. The landlord can sue the tenant in court for these costs.
