Minnesota Notice to Vacate: 2026 Landlord Rules & 504B Eviction
Reviewed by DocDraft Legal Team · Minnesota · Last updated 2026-05-31
Minnesota Chapter 504B governs residential eviction, which the statute calls an eviction action rather than the older unlawful detainer label. For nonpayment of rent, Minn. Stat. 504B.321 subd. 1a requires a landlord to serve a written 14-day pre-filing notice before filing, a requirement effective January 1, 2024. Minnesota does not use a single statutory notice to vacate: a tenancy at will is terminated in writing under Minn. Stat. 504B.135, while the eviction action itself is filed under Chapter 504B. Once a tenancy is ended or a fixed-term lease expires and the tenant remains, the landlord files an eviction action in Minnesota District Court, with the appearance set not less than 7 nor more than 14 days from issuance of the summons.
How do I serve notice and the eviction summons in Minnesota?
The 14-day pre-filing nonpayment notice under Minn. Stat. 504B.321 subd. 1a must be in writing and is delivered or mailed to the tenant. The eviction summons and complaint is a separate court document served under Minn. Stat. 504B.332, which states it must be served in the manner provided for service of a civil action in district court. Substitute service is allowed by leaving a copy at the tenant's last usual place of abode with a person of suitable age and discretion residing there, or at the property with a person of suitable age and discretion occupying the premises. Service by posting on the entry to the tenant's unit is available only after at least two attempts at personal service on different days, at least one between 6:00 p.m. and 10:00 p.m., and the plaintiff must also mail a copy to the tenant's last known address.
How much notice does Minnesota require for nonpayment of rent?
Minn. Stat. 504B.321 subd. 1a requires a written 14-day pre-filing notice before a landlord may bring a nonpayment eviction action. The statute provides that if the tenant fails to correct the rent delinquency within 14 days of the delivery or mailing of the notice, the landlord may bring an eviction action. The notice must include the total amount due, a specific accounting of unpaid rent, late fees, and other charges under the lease, the name and address of the person authorized to receive rent on the landlord's behalf, statements informing the tenant of available legal-aid and financial-assistance resources, and the statutory statement: 'Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice.'
How much notice is required to end a lease with no cause in Minnesota?
It depends on the tenancy type. For a fixed-term lease that has expired, Minnesota does not require a separate statutory notice to vacate before a holdover eviction; the term simply ends on the lease end date. For a tenancy at will (no fixed term), Minn. Stat. 504B.135(a) requires written notice at least as long as the interval between rent-due dates or three months, whichever is less, which is typically one month for a month-to-month tenancy. Minnesota has no statewide just-cause statute, so a landlord generally may decline to renew an expired lease, subject to the retaliation defense in Minn. Stat. 504B.285.
What happens if the tenant does not move out after the notice?
If the tenant does not pay or vacate, the landlord may file an eviction action in Minnesota District Court. Eviction actions are heard in the Housing Court divisions in Hennepin and Ramsey counties and in District Court elsewhere. Under Minn. Stat. 504B.321 subd. 1, the appearance is set not less than 7 nor more than 14 days from the day of issuing the summons. In a nonpayment case the tenant may, at any time before possession has been delivered, redeem the tenancy under Minn. Stat. 504B.291 subd. 1 by paying the rent in arrears with interest, costs of the action, and an attorney's fee not to exceed $5. If the landlord prevails, the court issues a writ of recovery to restore possession.
Minnesota eviction framework at a glance
Minnesota residential eviction runs through Chapter 504B of the Minnesota Statutes, and the controlling step for nonpayment cases is Minn. Stat. 504B.321 subd. 1a, which since January 1, 2024 requires a written 14-day pre-filing notice with a specific accounting of amounts due before a landlord may file. Minnesota does not use a single statutory notice to vacate: a tenancy at will is terminated in writing under Minn. Stat. 504B.135 with notice as long as the rent interval or three months, whichever is less, while unlawful-activity cases proceed under Minn. Stat. 504B.171. There is no statewide just-cause statute, though the retaliation defense in Minn. Stat. 504B.285 applies. Eviction actions are filed in Minnesota District Court, with Housing Court divisions hearing them in Hennepin and Ramsey counties; the appearance is set not less than 7 nor more than 14 days from issuance of the summons. The Minnesota Office of the Revisor of Statutes (revisor.mn.gov) publishes the controlling Chapter 504B text, and the Minnesota Judicial Branch (mncourts.gov) publishes the Housing and eviction court forms landlords and tenants use; no single statewide pre-suit notice form layout is statutorily mandated.
Landlord Resources
Minnesota Office of the Revisor of Statutes
Official source for the controlling Chapter 504B eviction statutes, including the 504B.321 subd. 1a 14-day pre-filing nonpayment notice and the 504B.135 tenancy-at-will termination rules.
Minnesota Judicial Branch - Housing Help Topics
State judicial-branch self-help library with the Eviction Action Complaint and related Landlord and Tenant (Housing) court forms used once an eviction action is filed.
Minn. Stat. 504B.321 (Complaint and Summons)
Statute setting the 14-day pre-filing nonpayment notice content and the eviction appearance window of not less than 7 nor more than 14 days from issuing the summons.
Relevant Laws
Minn. Stat. 504B.321 (Complaint and Summons; 14-Day Pre-Filing Notice)
Sets the written 14-day pre-filing nonpayment notice and its required content under subd. 1a, and the eviction appearance window of not less than 7 nor more than 14 days from issuing the summons under subd. 1.
Minn. Stat. 504B.135 (Terminating Tenancy at Will)
Governs written termination of a tenancy at will, with notice at least as long as the rent interval or three months, whichever is less, and a 14-day notice-to-quit path for nonpayment.
Minn. Stat. 504B.291 (Eviction for Nonpayment; Right to Redeem)
Provides the nonpayment eviction action and the tenant's right to redeem the tenancy before possession is delivered by paying arrears, interest, costs, and a limited attorney's fee.
Minn. Stat. 504B.285 (Recovery of Premises; Retaliation Defense)
Provides the retaliation defense to an eviction following a notice to quit, including the 90-day burden-shifting window.
Minn. Stat. 504B.171 (Covenant Against Unlawful Activity)
Creates the statutory covenant against unlawful activity; a breach voids the tenant's right to possession and supports an expedited eviction action.
Minn. Stat. 504B.332 (Service of Eviction Summons and Complaint)
Governs service of the eviction summons and complaint, including substitute service and service by posting with a mailed copy after multiple personal-service attempts.
Federal SCRA, 50 U.S.C. 3955 (Termination of Residential Leases)
Federal Servicemembers Civil Relief Act provision on lease-termination and eviction protections for active-duty servicemembers.
Regional Variances
Minnesota eviction practice and local tenant protections
Hennepin County (Minneapolis)
Eviction actions in Hennepin County are heard in the Housing Court division of Minnesota District Court. Minneapolis has adopted local tenant-protection ordinances that may impose stricter notice or process requirements than statewide Chapter 504B. Confirm the current Minneapolis ordinance language from the city before relying solely on the statewide rules.
Ramsey County (St. Paul)
Eviction actions in Ramsey County are heard in the Housing Court division of Minnesota District Court. St. Paul has adopted tenant-protection and rent-stabilization ordinances that may add requirements beyond Chapter 504B. Verify the current St. Paul ordinance text from the city before serving notice or filing.
Other Minnesota counties
Counties outside Hennepin and Ramsey hear eviction actions in District Court rather than a dedicated Housing Court division. Statewide Chapter 504B applies, including the 14-day pre-filing nonpayment notice and the appearance window of 7 to 14 days from issuance of the summons. Check with the county district court for local filing logistics.
Suggested Compliance Checklist
Identify the statutory ground and tenancy type
Pre-notice days after startingMap the situation to the correct path. Nonpayment requires the 14-day pre-filing notice under Minn. Stat. 504B.321 subd. 1a. A tenancy at will is terminated in writing under 504B.135. Unlawful activity proceeds under 504B.171. An expired fixed-term lease needs no separate statutory notice before a holdover eviction. Confirm whether the tenancy is fixed-term or at will before choosing the notice.
Draft the 14-day pre-filing nonpayment notice
Pre-notice days after startingFor nonpayment, draft a written notice meeting Minn. Stat. 504B.321 subd. 1a: the total amount due, a specific accounting of unpaid rent, late fees, and other charges under the lease, the name and address of the person authorized to receive rent, statements of available legal-aid and financial-assistance resources, and the statutory statement that the landlord can file an eviction case if the tenant does not pay or move out within 14 days from the date of the notice.
Serve the pre-filing notice on the tenant
Service days after startingDeliver or mail the written 14-day pre-filing notice to the residential tenant. The 14-day period runs from the date of delivery or mailing of the notice under Minn. Stat. 504B.321 subd. 1a. Keep a dated record of how and when the notice was delivered or mailed.
Wait the full 14-day notice period before filing
Notice period days after startingDo not file the eviction action until the tenant has had 14 days from delivery or mailing of the notice to pay the total amount due or move out. Filing before the period runs may not support the action. For a tenancy at will, confirm the 504B.135 termination notice period (rent interval or three months, whichever is less) has elapsed instead.
File the eviction action in District Court
Post-notice days after startingIf the tenant has not paid or vacated, file the eviction action in Minnesota District Court. Eviction actions are heard in the Housing Court divisions in Hennepin and Ramsey counties and in District Court elsewhere. Confirm the current eviction filing fee with the Minnesota Judicial Branch or the county district court before filing, as fees can vary by county.
Serve the eviction summons and complaint
Service days after startingServe the summons and complaint under Minn. Stat. 504B.332 in the manner provided for service of a civil action, including substitute service at the tenant's last usual place of abode or the property with a person of suitable age and discretion. Service by posting is allowed only after at least two personal-service attempts on different days, at least one between 6:00 p.m. and 10:00 p.m., plus a mailed copy to the tenant's last known address. The summons and complaint must be served at least seven days before the court appearance.
Appear at the eviction hearing
Hearing days after startingUnder Minn. Stat. 504B.321 subd. 1, the appearance is set not less than 7 nor more than 14 days from issuing the summons. Bring the lease, the 14-day pre-filing notice with proof of delivery or mailing, a rent ledger for a nonpayment case, and proof of service of the summons and complaint. In a nonpayment case, account for the tenant's right to redeem under 504B.291 before possession is delivered.
Obtain and execute the writ of recovery
Post-judgment days after startingIf the landlord prevails, the court issues a writ of recovery of premises to restore possession to the landlord. The writ is executed by the sheriff. In a nonpayment case, the tenant may still redeem the tenancy by paying arrears, interest, costs, and a limited attorney's fee at any time before possession has actually been delivered under Minn. Stat. 504B.291 subd. 1.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground and tenancy type | Map the situation to the correct path. Nonpayment requires the 14-day pre-filing notice under Minn. Stat. 504B.321 subd. 1a. A tenancy at will is terminated in writing under 504B.135. Unlawful activity proceeds under 504B.171. An expired fixed-term lease needs no separate statutory notice before a holdover eviction. Confirm whether the tenancy is fixed-term or at will before choosing the notice. | - | Pre-notice |
| Draft the 14-day pre-filing nonpayment notice | For nonpayment, draft a written notice meeting Minn. Stat. 504B.321 subd. 1a: the total amount due, a specific accounting of unpaid rent, late fees, and other charges under the lease, the name and address of the person authorized to receive rent, statements of available legal-aid and financial-assistance resources, and the statutory statement that the landlord can file an eviction case if the tenant does not pay or move out within 14 days from the date of the notice. | notice-to-vacate | Pre-notice |
| Serve the pre-filing notice on the tenant | Deliver or mail the written 14-day pre-filing notice to the residential tenant. The 14-day period runs from the date of delivery or mailing of the notice under Minn. Stat. 504B.321 subd. 1a. Keep a dated record of how and when the notice was delivered or mailed. | - | Service |
| Wait the full 14-day notice period before filing | Do not file the eviction action until the tenant has had 14 days from delivery or mailing of the notice to pay the total amount due or move out. Filing before the period runs may not support the action. For a tenancy at will, confirm the 504B.135 termination notice period (rent interval or three months, whichever is less) has elapsed instead. | - | Notice period |
| File the eviction action in District Court | If the tenant has not paid or vacated, file the eviction action in Minnesota District Court. Eviction actions are heard in the Housing Court divisions in Hennepin and Ramsey counties and in District Court elsewhere. Confirm the current eviction filing fee with the Minnesota Judicial Branch or the county district court before filing, as fees can vary by county. | - | Post-notice |
| Serve the eviction summons and complaint | Serve the summons and complaint under Minn. Stat. 504B.332 in the manner provided for service of a civil action, including substitute service at the tenant's last usual place of abode or the property with a person of suitable age and discretion. Service by posting is allowed only after at least two personal-service attempts on different days, at least one between 6:00 p.m. and 10:00 p.m., plus a mailed copy to the tenant's last known address. The summons and complaint must be served at least seven days before the court appearance. | - | Service |
| Appear at the eviction hearing | Under Minn. Stat. 504B.321 subd. 1, the appearance is set not less than 7 nor more than 14 days from issuing the summons. Bring the lease, the 14-day pre-filing notice with proof of delivery or mailing, a rent ledger for a nonpayment case, and proof of service of the summons and complaint. In a nonpayment case, account for the tenant's right to redeem under 504B.291 before possession is delivered. | - | Hearing |
| Obtain and execute the writ of recovery | If the landlord prevails, the court issues a writ of recovery of premises to restore possession to the landlord. The writ is executed by the sheriff. In a nonpayment case, the tenant may still redeem the tenancy by paying arrears, interest, costs, and a limited attorney's fee at any time before possession has actually been delivered under Minn. Stat. 504B.291 subd. 1. | - | Post-judgment |
Frequently Asked Questions
Minn. Stat. 504B.321 subd. 1a, effective January 1, 2024, requires that before bringing a nonpayment eviction action a landlord provide the residential tenant written notice specifying the basis for future eviction action. The notice must state the total amount due, give a specific accounting of unpaid rent, late fees, and other charges under the lease, name and give the address of the person authorized to receive rent for the landlord, inform the tenant of available legal-aid and financial-assistance resources, and include the statement: 'Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice.' If the tenant does not correct the delinquency within 14 days of delivery or mailing, the landlord may bring the eviction action.
Minnesota has eviction-record expungement provisions under Minn. Stat. 484.014, under which a court may order an eviction record expunged or restricted in specified circumstances. The availability and standard depend on the facts of the case and the court's determination. Because the controlling statutory text governs eligibility, confirm the current requirements and any required motion through the Minnesota Judicial Branch or the Office of the Revisor of Statutes before relying on a record being sealed.
Two layers can apply. The federal Servicemembers Civil Relief Act, 50 U.S.C. 3955, provides lease-termination and eviction protections for active-duty servicemembers, and Minnesota provides additional protections for state active service under Minn. Stat. 192.501. A landlord who learns a tenant is a covered servicemember should verify the controlling federal and state provisions before proceeding with notice or an eviction action on that tenancy.
The nonpayment pathway depends on a compliant 14-day pre-filing notice. Minn. Stat. 504B.321 subd. 1a sets specific content requirements, including the total amount due, a specific accounting of unpaid rent and charges, the person authorized to receive rent, legal-aid and financial-assistance resource statements, and the statutory 14-day pay-or-move statement. A notice that omits required content or is filed before the 14-day period runs may not support the eviction action. Confirm each statutory element is present and the full period has elapsed before filing.
No. Minn. Stat. 504B.285 subd. 2 makes it a defense to an eviction following an alleged termination by notice to quit if the tenant proves the termination was intended in whole or part as a penalty for a good-faith attempt to secure or enforce rights, or for a good-faith report to a governmental authority of a health, safety, housing, or building code violation. If the notice to quit was served within 90 days of such a protected act, the burden shifts to the landlord to prove the notice was not served for a retaliatory purpose.
Minn. Stat. 504B.171 creates a statutory covenant against certain unlawful activity on the premises, such as controlled-substance activity, prostitution-related activity, unlawful use or possession of a firearm, and stolen property. The statute provides that a breach of that covenant voids the tenant's right to possession, and the landlord may bring, or assign to the county or city attorney the right to bring, an eviction action. These cases qualify for an expedited path under Minn. Stat. 504B.321 subd. 2, in which the summons is served within 24 hours of issuance unless the court orders otherwise for good cause.
Minnesota Chapter 504B does not set a uniform statewide cure-period day count for general lease violations other than the 14-day pre-filing notice for nonpayment under 504B.321 subd. 1a. Whether cure is available for a non-monetary breach, and how long it runs, depends on the written lease. Review the lease terms to determine any contractual cure right before serving notice or filing on a non-monetary breach.
Yes. Minn. Stat. 504B.291 subd. 1 lets a tenant in a nonpayment case, at any time before possession has been delivered, redeem the tenancy and be restored to possession by paying the landlord or bringing to court the rent in arrears, with interest, costs of the action, and an attorney's fee not to exceed $5. A landlord pursuing a nonpayment eviction should account for this redemption right through the date possession is actually delivered.
Other Minnesota guides
How to Break a Lease in Minnesota Legally (2026)
Tenant Rights in Minnesota: Renting a New Property (2026)
Landlord Rules in Minnesota: Renting Out Property (2026)
Selling a House with Renters in Minnesota (2026)
How to File a Small Claims Lawsuit in Minnesota (2026)
How to Dispute a Bill in Minnesota (2026)
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.