Eviction Action
z An eviction action is a court action in which a
landlord asks to recover possession of the
premises from a tenant.
z A landlord may not use self-help to take
possession of the premises. For example, a
landlord may not forcibly remove the tenant,
exclude the tenant from entry into the building
or rental unit, change the locks, or cause the
interruption of utilities.
z The three most common reasons for filing an
eviction action:
Nonpayment of rent
Violation of lease
Holding over after notice to vacate
Reasons for Filing an Eviction Action
Nonpayment of rent
z An eviction action may be filed against a
tenant for failing to pay rent when due. The
tenant may redeem the tenancy at any time
before possession of the premises has been
delivered to the landlord by paying past due
rent, costs of the eviction action, including the
court filing fee, and other requirements under
the lease.
Violation of lease
Lease violations
z The lease must contain a “right of re-entry” or
eviction clause for the landlord to evict a
tenant for a material breach of a lease, except
for nonpayment of rent and statutory viola-
tions. This clause gives the landlord a right to
evict the tenant for violating lease provisions
like disturbing other residents, causing damage
to property, unauthorized persons living on the
property, or unauthorized pets.
Illegal activities prohibited
by Minnesota Statute
z A landlord may evict a tenant, or assign the
right to the county or city attorney, if the
tenant engages in or permits activities named in
statute, such as:
unlawful controlled substances in the
premises or common area
unlawful use or possession of a firearm
stolen property in the premises or
common area
prostitution
criminal gang activity
Holdover tenant
z A holdover tenant is one whose lease has
expired or where proper notice to vacate has
been given, but the tenant remains in the rental
unit without the landlord’s consent.
Eviction Action Procedure
Who May Sign the Complaint?
z Property owner
z Attorney for propert