Minnesota Eviction Notice Laws: The Landlord and Tenant Guide
14-Day Nonpayment Pre-Filing Notice · Tenancy-at-Will Termination · Lease Breach · Holdover · Right to Redeem · Summary Eviction
In Minnesota, the notice is step one, and one of those notices is brand new. As of January 1, 2024, a landlord can no longer file an eviction for unpaid rent without first giving the tenant a written 14-day pre-filing notice under Minnesota Statutes section 504B.321. Get that notice wrong, skip it, or file too early, and the court can dismiss the case and send the landlord back to the beginning. This guide walks the whole framework end to end — the notice types, how many days each requires, how to end a tenancy at will, the grounds for eviction, how to serve, what a valid notice must say, the summary eviction lawsuit, retaliation defenses, the local Minneapolis and St. Paul overlays, and a landlord playbook — in plain English, with every rule tied to a concrete action.
The stakes are practical. Minnesota eviction is a summary action, designed to move fast once it is properly filed, but the speed cuts both ways: the strict entry ticket to that fast process is a correct notice and, for nonpayment, the mandatory 14-day warning. A tenant who pays the full amount within those 14 days keeps the home and the landlord cannot file. Because the legislature reshaped this area in the 2023 session — adding the pre-filing notice, expanding expungement, and tightening screening and deposit rules — treat every figure here as a starting point and verify the current statute before you serve or file.
Below, an overview video summarizes the Minnesota framework; the sections that follow break down each piece — the notice types and day-counts, tenancy-at-will termination, the grounds for eviction, service, what makes a notice valid, the summary eviction action and the right to redeem, retaliation and defenses, local rules, a landlord playbook, and defensible-versus-fatal scenarios — plus a Minnesota-specific FAQ.
Minnesota Eviction Notices at a Glance
Nonpayment
14-day pre-filing notice (since 2024)
Month-to-Month
Notice equal to rent interval, or 3 months, whichever is less
Lease Breach
Eviction for violating a lease covenant
Removal
Court writ, executed by sheriff only
The Notice Is Step One — and It Can Sink the Case
Every Minnesota eviction for nonpayment now begins with a written notice, and that notice is the single most common point of failure. Since January 1, 2024, Minnesota Statutes section 504B.321 subdivision 1a bars a landlord from even filing a nonpayment eviction until a proper 14-day pre-filing notice has been given and the 14 days have run. The landlord who wants the fast, summary eviction remedy has to earn it by following the notice rule exactly. A notice that omits the required contents, understates or overstates the total, or is not given the full 14 days ahead of filing gives the tenant a clean defense — the court can dismiss the case, and the landlord has to start over from a fresh notice, losing weeks.
This is why the notice deserves more care than any other step. The rest of the process — filing the complaint, the hearing, the writ — is largely mechanical once the notice is right. Get the notice wrong and none of it matters. Throughout this guide, the theme repeats: the exactness of the notice decides the case long before a judge ever reads the complaint.
The 14-day nonpayment notice is a hard prerequisite
Before the 2024 change, a Minnesota landlord could file a nonpayment eviction without any advance written notice. That is no longer true. Under section 504B.321 subdivision 1a, the landlord must first deliver or mail a written notice stating the total due, itemizing rent, late fees, and other charges, naming the person authorized to receive payment, and warning that an eviction can be filed if the tenant does not pay or move within 14 days. Filing before the 14 days run, or with a notice missing these elements, is the new fatal defect. Give the notice, wait the full period, then file.
Takeaway
In Minnesota the notice is step one and the whole nonpayment case rides on it. Since 2024 a landlord must give a written 14-day pre-filing notice before filing a nonpayment eviction under section 504B.321, and it must contain the required contents. A defective or skipped notice is a complete defense that forces the landlord to start over.
The Minnesota Eviction Notice Types
Minnesota does not use California-style day-numbered notice labels; instead, the required notice depends on why the landlord wants the tenant out. Three situations cover most residential evictions: nonpayment of rent, ending a tenancy at will, and a lease violation or holdover. The nonpayment pre-filing notice comes from Minnesota Statutes section 504B.321; the termination of a tenancy at will comes from section 504B.135; and the grounds for eviction are listed in section 504B.285.
14-Day Pre-Filing Notice for Nonpayment of Rent
When a tenant is behind on rent, the landlord must serve a written 14-day pre-filing notice under Minnesota Statutes section 504B.321 subdivision 1a before filing an eviction. It gives the tenant a choice: pay the full amount due within 14 days of the notice and stay, or face an eviction action. The 14-day clock runs from the delivery or mailing of the notice. The notice must state the total the tenant owes, itemize the unpaid rent, late fees, and other lease charges, give the name and address of the person authorized to receive rent, inform the tenant of the right to seek legal help and available financial assistance, and warn that an eviction can be filed if the total is not paid or the tenant does not move within 14 days. If the tenant pays in full within the period, the landlord cannot file.
Notice to Terminate a Tenancy at Will (Month-to-Month)
When the landlord simply wants to end a month-to-month arrangement and the tenant has done nothing wrong, the vehicle is a written termination notice for a tenancy at will under Minnesota Statutes section 504B.135. The length is tied to the rent interval: the notice must be at least as long as the interval between rent payments, or three months, whichever is less. For the common case of monthly rent, that means at least one full rental period of written notice. This is a termination notice, not an eviction; if the tenant stays past the notice period, the landlord then files an eviction based on the holdover. The mechanics of ending a periodic tenancy are covered in more depth in our Minnesota lease termination guide.
Lease Violation and Holdover
When a tenant breaches a lease covenant — an unauthorized pet, an unapproved occupant, a serious rules violation — the landlord may bring an eviction because the tenant is holding the premises contrary to the conditions or covenants of the lease under Minnesota Statutes section 504B.285 subdivision 1. The state statute does not add a separate pre-filing notice for a lease-breach eviction the way it does for nonpayment, but the lease itself commonly requires notice and an opportunity to cure, and many landlords give one to strengthen the case. A tenant who holds over after a tenancy at will has been terminated by a proper notice to quit is likewise subject to eviction under the same section.
Fixed-term leases end on their own terms
The tenancy-at-will termination notice under section 504B.135 applies to at-will and month-to-month tenancies, not to a lease with a fixed end date. A fixed-term lease generally runs to its stated end, and a landlord ordinarily cannot cut it short with a simple termination notice absent a ground such as nonpayment or a lease breach. When a fixed lease expires and the tenant stays on, the tenancy typically becomes a periodic or at-will tenancy, and the section 504B.135 notice rule then governs any termination.
Takeaway
The notice follows the reason: a 14-day pre-filing notice for nonpayment under section 504B.321, a termination notice equal to the rent interval or three months, whichever is less, to end a tenancy at will under section 504B.135, and an eviction on lease-breach or holdover grounds under section 504B.285. Using the wrong path for the situation is itself a defect.
How Many Days Each Notice Requires
Minnesota’s notice periods turn on the ground. Use this table as the quick reference, then read the notes below it. Remember that the 14-day nonpayment notice is a prerequisite to filing, and the tenancy-at-will notice is a termination that precedes any eviction.
| Situation | Notice required | Statute and grounds |
|---|---|---|
| Nonpayment of rent | 14-day written pre-filing notice before an eviction can be filed | Minnesota Statutes section 504B.321 subdivision 1a — effective January 1, 2024 |
| Month-to-month termination | Interval between rent payments, or three months, whichever is less (usually one month) | Minnesota Statutes section 504B.135 — tenancy at will |
| Lease violation | No separate state pre-filing notice; lease and local rules may require one | Minnesota Statutes section 504B.285 — breach of covenant |
| Holdover after termination | Termination notice under section 504B.135 must have run first | Minnesota Statutes section 504B.285 — holding over |
| Minneapolis / St. Paul | Longer pre-eviction filing notice may apply — verify the city | Local tenant-protection ordinances layer on top of state law |
Do not file the nonpayment eviction on day 13
The 14-day nonpayment clock runs from the delivery or mailing of the notice, and the tenant has the full 14 days to pay or move. A landlord who files the eviction before the fourteenth day has passed files too early, and an early filing is grounds for dismissal. Count carefully from the date the notice went out, add mailing time if you mailed it, and file only after the period has fully run.
City rules can lengthen the period
St. Paul has, at times, required a pre-eviction filing notice period longer than the state default — recently 60 days for covered tenancies through the end of 2026, reverting to 30 days afterward — and Minneapolis maintains its own notice ordinances. Where a city requires more notice than the state, the city rule controls. If the property is in either city, confirm the current local notice period before you calendar a filing date.
Takeaway
Nonpayment requires a 14-day written pre-filing notice; a month-to-month termination requires notice equal to the rent interval or three months, whichever is less. Minneapolis and St. Paul can require longer notice periods, and the more protective rule controls. Never file the eviction before the required period has actually run.
The Grounds for Eviction Under Section 504B.285
For a Minnesota landlord, the eviction has to rest on a recognized ground. Minnesota Statutes section 504B.285 subdivision 1 lists the grounds on which a landlord may recover possession, and choosing the right ground shapes which notice, if any, applies before filing.
The Recognized Grounds
Section 504B.285 authorizes eviction when a person holds the premises after the lease term has ended, when the tenant acts contrary to the conditions or covenants of the lease, when rent becomes due and is not paid, or when a tenant at will holds over after the tenancy has been terminated by a notice to quit. The statute also covers holdover after certain property transfers, such as a sale on execution or a foreclosure. Each ground has its own proof requirements, and for nonpayment the additional 14-day pre-filing notice of section 504B.321 must be satisfied first.
Match the Ground to the Notice
The ground the landlord picks determines the runway to court. Nonpayment requires the 14-day pre-filing notice and lets the tenant redeem by paying. A lease-covenant breach does not carry a separate statutory pre-filing notice, but the lease terms and any local ordinance may, and the landlord must be able to prove the specific breach. A holdover after a tenancy at will requires the section 504B.135 termination notice to have run first. Naming the wrong ground, or trying to shoehorn a nonpayment dispute into a lease-breach claim to skip the 14-day notice, invites dismissal.
Takeaway
Minnesota eviction rests on a statutory ground under section 504B.285: end-of-term holdover, breach of a lease covenant, nonpayment of rent, or holdover after a terminated tenancy at will. Nonpayment adds the 14-day pre-filing notice and a right to redeem; a lease breach must be proven; a holdover requires the termination notice to have run.
How to Serve a Notice in Minnesota
A notice that is written perfectly still fails if it is delivered the wrong way or cannot be proven. Minnesota separates the pre-filing notices, which are delivered by the landlord, from the court summons, which is served once the eviction is filed.
| Document | How it is delivered | When the clock runs |
|---|---|---|
| 14-day nonpayment notice | Delivered to the tenant or mailed to the tenant, under section 504B.321 subdivision 1a | The 14 days run from the delivery or the mailing of the notice |
| Tenancy-at-will termination | Written notice given to the other party under section 504B.135 | The termination period runs from proper delivery of the written notice |
| Summons and complaint | Served on the tenant after filing, under the eviction service rules | Sets the court appearance date on the summons, generally 7 to 14 days out |
Because the nonpayment notice period runs from delivery or mailing, a landlord who mails the notice should build in time for the mail before counting the 14 days, so the period is unquestionably satisfied before filing. Once the eviction is filed, the court issues a summons, and the summons and complaint must be served on the tenant under the eviction rules — typically by personal service or, where personal service is not achievable, by an authorized alternate method — before the hearing. Keep a record of how and when every notice and the summons were delivered.
Keep proof of delivery
Whoever delivers the 14-day notice should record who received it, how, and when, and keep a copy. Without proof, the landlord may be unable to show the notice period ever started — and an unprovable notice is a losing one. For the court summons, follow the eviction service rules precisely and retain the return of service; a defect in serving the summons can delay or defeat the case just as a bad notice can.
Takeaway
The 14-day nonpayment notice may be delivered or mailed, and the clock runs from that delivery or mailing; add time when you mail it. A tenancy-at-will termination is given in writing under section 504B.135. The court summons is served after filing under the eviction rules. Keep proof of every delivery, or you may be unable to prove the notice ran.
What Makes a Notice Valid
Beyond picking the right ground and delivering the notice correctly, the notice’s content has to be right. A valid Minnesota nonpayment notice is a written document — never oral — and, under section 504B.321 subdivision 1a, must include the following.
| Required element | Why it matters |
|---|---|
| Total amount due | The tenant must know the exact sum needed to cure; a wrong total undermines the notice |
| Itemized accounting | Unpaid rent, late fees, and other lease charges broken out, so the tenant can verify the demand |
| Payee name and address | The name and address of the person authorized to receive rent and fees for the landlord |
| Legal-help and assistance information | Notice of the right to seek legal help and of available financial assistance resources |
| The 14-day warning | A statement that an eviction can be filed if the tenant does not pay the total or move within 14 days |
For the tenancy-at-will termination under section 504B.135, the notice must be in writing and give the correct period tied to the rent interval. For a lease-breach eviction, while the state statute does not prescribe a fixed notice form, the landlord must be able to describe the breach specifically enough to prove it and to satisfy any cure requirement in the lease. Across all types, an oral notice is not a substitute for a written one, and vague or incomplete content invites a challenge.
Takeaway
A valid Minnesota nonpayment notice is written, states the exact total due with an itemized breakdown, names the payee and address, gives the required legal-help and assistance information, and includes the 14-day warning. A tenancy-at-will termination must be written and give the correct interval. Missing content or an oral notice invites dismissal.
After the Notice: The Summary Eviction Action
If the notice period expires and the tenant has not paid, cured, or moved out, the landlord’s next — and only — lawful step is to file a summary eviction action under Minnesota Statutes sections 504B.281 through 504B.371. A landlord cannot skip this step and cannot substitute self-help for it. The action is filed in the district court for the county where the property is located, and it is designed to move quickly.
Give the required notice first
For nonpayment, deliver the 14-day pre-filing notice under section 504B.321 and let the 14 days run. For a month-to-month holdover, give the section 504B.135 termination notice and let it run.
File the complaint
The landlord files an eviction complaint naming the tenant, describing the premises, and stating the facts that authorize recovery of possession. The court issues a summons.
Serve the summons and complaint
The tenant is served under the eviction service rules. The summons sets the court appearance not less than seven nor more than 14 days from the day the summons issues.
The court hearing
At the hearing the landlord must prove the ground — nonpayment, a lease breach, or a holdover. The tenant can appear and raise defenses, and in a nonpayment case may still redeem by paying what is owed.
Judgment and writ of recovery
If the landlord prevails, the court issues a writ of recovery of premises. The sheriff — not the landlord — executes the writ and restores possession.
The tenant’s right to redeem
In a nonpayment eviction, Minnesota Statutes section 504B.291 lets the tenant redeem the tenancy and be restored to possession by paying the rent in arrears, plus interest, the costs of the action, and a small statutory attorney fee, and by performing the other covenants of the lease. This right generally lasts until possession has actually been delivered to the landlord, unless the eviction also rests on a material lease violation. Redemption is why many Minnesota nonpayment cases end in payment rather than removal, and it is a key reason to keep the demand
