Minnesota Statewide Rule
Minnesota Eviction Notice for Nonpayment (Minn. Stat. Sec. 504B.321)
Key Facts
- Nonpayment notice
- 14 days written (Sec. 504B.321, subd. 1a)
- Effective
- 2023 amendment
- Notice must include
- Itemized amount, legal-aid and assistance info
- Tenant cure
- Pay or vacate within 14 days
Summary
Since a 2023 amendment, Minn. Stat. Sec. 504B.321, subd. 1a requires a landlord to give a tenant 14 days' written notice before filing an eviction for nonpayment of rent. The notice must itemize the amount due and include legal-aid and rental-assistance information. The tenant may pay or vacate within 14 days; otherwise the landlord may file.
504B.321 COMPLAINT AND SUMMONS. § Subdivision 1. Procedure. (a) To bring an eviction action, the person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery of possession, and asking for recovery thereof. (b) The lack of the full name and date of birth of the person against whom the complaint is made does not deprive the court of jurisdiction or make the complaint invalid. (c) The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons, except as provided by subdivision 2. (d) If applicable, the person filing a complaint must attach a copy of the written notice described in subdivision 1a. The court shall dismiss an action without prejudice for failure to provide a notice as described in subdivision 1a and grant an expungement of the eviction case court file. § Subd. 1a. Written notice for nonpayment of rent. (a) Before bringing an eviction action alleging nonpayment of rent or other unpaid financial obligation in violation of the lease, a landlord must provide written notice to the residential tenant specifying the basis for future eviction action. The notice must include: (1) the total amount due; (2) a specific accounting of the amount of the total due from unpaid rent, late fees, and other charges under the lease;
Full Breakdown
Under Minn. Stat. Sec. 504B.321, subd. 1a, 'before bringing an eviction action alleging nonpayment of rent... a landlord must provide written notice.' The tenant then has 14 days to pay the total due or vacate. The notice must state the total amount due with an itemized breakdown of rent and fees, identify who is authorized to receive payment, advise the tenant of the right to seek legal help and free legal aid, point to rental-assistance resources such as MNBenefits and 2-1-1, and warn that an eviction may be filed if the amount is not paid. It may be delivered personally or by first-class mail. If the landlord skips proper notice, the eviction case can be dismissed and expunged. Some local governments require a longer notice period.
Violations & Penalties
Failure to give the required 14-day written notice with the mandated contents can result in dismissal of the eviction action and expungement of the case (Sec. 504B.321); the tenant cures by paying the full amount due within the 14 days.
Frequently Asked Questions
How much notice before eviction for unpaid rent in Minnesota?
What must a Minnesota nonpayment eviction notice contain?
What happens if a Minnesota landlord skips the 14-day notice?
Sources
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