Eviction actions often mark the end of an already strained landlord-tenant relationship. They are frequently contentious, emotionally charged, and procedurally complex, particularly when one or both parties are self-represented, unfamiliar with the court process and local customs, or unaware of the many technical requirements imposed by Minnesota’s eviction statutes.
Minnesota landlord-tenant law has changed significantly in recent years, and even experienced landlords and property managers can inadvertently overlook key statutory obligations. When that happens, the result is often unnecessary delay, dismissal, and/or added expense. This article highlights several common pitfalls that expose Minnesota landlords and property managers, both residential and commercial, to unnecessary liability during and after an eviction action.
Follow the Proper Notice, Documentation, and Communication Protocols (Especially for Federally Subsidized Residential Units)
Eviction actions in Minnesota require strict compliance with statutory notice and procedural rules. Though many of the basic procedures are easy to comply with, especially for experienced attorneys and landlords, the process can vary substantially depending on the legal basis for the eviction action. For example, non-payment of rent evictions differ in some respects from breach of lease evictions, which differ from holdover evictions, etc. When the tenancy is affected by a state or federal housing subsidy program (whether administrated by the Department of Housing and Urban Development (HUD) or other state or federal agencies), more complex requirements apply. Additionally, a landlord that is formed as an LLC or corporation is required to retain an attorney to represent it in Minnesota courts.
When errors do happen, they are costly in terms of both time and money. Failure to strictly comply with notice or filing requirements often results in dismissal of the eviction action. In that case, the landlord must restart the eviction process from the beginning. It will incur duplicative costs, including filing fees (which, for example, total approximately $325 in Hennepin, Ramsey, and Carver Counties), service fees, and other incidentals, plus its attorney’s fees, if applicable. Perhaps more importantly, the landlord will be forced to continue accommodating its unwanted tenant while the process repeats itself, often without ever receiving payment for back rent owed or rent accruing during the eviction process.
Avoid “Self-Help” Evictions and Other Shortcuts
Minnesota law strongly disfavors self-help eviction measures. A landlord seeking to avoid the formal eviction process altogether would be ill-advised to attempt to remove its tenant by restricted “self-help methods,” such as removal by force, lock out, or utility shutoffs. While negotiating a good faith move-out date or a “cash for keys” arrangement is ordinarily acceptable, a landlord attempting a “self-help eviction” faces exposure to considerable civil liability, punitive damages, and potentially criminal charges.
Continue Fulfilling Lease and Statutory Obligations Until the Tenancy Ends
Even when a tenant has stopped paying rent or is otherwise in breach, landlords must continue to comply with lease obligations and tenant protections imposed by Minnesota Law until the tenancy has legally ended and possession has been returned. For example, tenants enjoy an implied covenant of habitability, privacy protections, and other rights implied by Minnesota law that cannot be waived by the lease agreement. Landlords should continue to fulfill all these obligations, even in cases of non-payment of rent by the tenant, until the tenant has been removed from the premises and the lease has been terminated.
Until such time, the tenant’s right to enforce the lease and Minnesota law remains, and may be enforced by civil action, including an emergency tenant remedies action or rent escrow action to remedy violations of housing codes. Violations of lease and statute by the landlord may also make certain defenses available to the tenant in an ongoing eviction action.
Properly Complete End-of-Tenancy Requirements (Even When the Tenant Vacates Without a Formal Eviction Action)
Minnesota landlords have specific obligations at the end of a tenancy, regardless of whether the tenant vacates voluntarily or through an eviction action.
Security Deposits
First and foremost, if a security deposit was collected, the landlord must return any portion not lawfully withheld, along with required statutory interest, within three weeks after termination of the tenancy. Any withholding must be accompanied by a written explanation specifying the reasons. Failure to comply can result in statutory damages and penalties.
Abandoned Personal Property
When a tenant leaves personal property behind, Minnesota law requires landlords to store the property for a defined period and make reasonable efforts to protect it. Depending on the circumstances, required storage periods generally range from 28 to 60 days. Noncompliance may expose the landlord to claims for actual damages, punitive damages, and attorney’s fees.
Sheriff Removal Notices
If the tenancy ends through eviction, landlords must also comply with additional notice requirements specifying the date and time that the local sheriff’s office is scheduled to remove the tenant. Failure to provide proper notice can result in liability for unlawful ouster, even if the landlord prevailed in the eviction action.
Collect Rent Carefully to Avoid Waiving Eviction Rights
In some cases, landlords strategically pursue eviction actions based on grounds other than nonpayment (such as lease violations or holdover tenancy) to prevent the tenant from redeeming the tenancy. However, accepting rent payments, even partial payments, immediately before or during an eviction action may undermine those grounds.
Minnesota courts vary in how they apply waiver defenses in these situations. As a result, landlords should proceed cautiously when accepting rent after serving a notice to vacate or while an eviction action is pending. To ensure a successful eviction and avoid the costs described above, a landlord may need to reconsider attempting to collect rent immediately before or during an eviction action.
Final Considerations
Eviction actions in Minnesota are governed by detailed statutory requirements that can change frequently. Small missteps can significantly increase the cost, duration, and risk involved in the process.
Landlords and property managers facing an eviction action or problematic tenant are well-advised to consult an experienced Minnesota real estate attorney that is familiar with the various technical requirements of landlord-tenant law and eviction procedure.
If you have questions about the risks involved in an eviction action, compliance obligations, or landlord-tenant disputes, please contact Zachary Hennen or Ryan Dreyer to discuss your specific situation or any other real estate topics on your mind.
Related Attorneys
