An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Minnesota General Form of Complaint, Petition, or Declaration for Ejectment
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FAQ
Lease Violations (Breach of Lease) A landlord can't try to evict you if it's retaliatory, even in a breach of lease case. That means trying to get back at you for something. For example, if the landlord files an eviction case after you called the housing inspector about repairs, you could argue it was retaliation.
Eviction Actions (Unlawful Detainer) Under Minnesota law, the only way a landlord can remove a tenant is if the court issues an order requiring the tenant to leave and the Sheriff comes to the home with the order (called a ?writ?).
A hearing for an eviction action is scheduled depending on the reason for eviction. If the eviction action was related to illegal activity, then it is held 5-7 days from the issuance of a Summons from the court. Any other type of eviction action requires 7-14 days from the day the court issues a Summons.
Notice of Eviction The sheriff must service the notice upon the tenant who then has 24 hours to vacate the premises. The court may suspend the issuance of the writ for up to 7 days upon showing by the tenant that immediate vacation of the premises would impose a substantial hardship.
Beginning on June 1, 2022, all tenant protections from Minnesota's COVID-19 related eviction moratorium phaseout law expire. Most importantly, this means that evictions can proceed for non-payment of rent even if a tenant has a pending rental assistance application.
If the landlord wants to end a month-to-month tenancy, the landlord will need to give the tenant a written notice to vacate. The amount of time on the notice must be either three months or the length of time between when rent is due, whichever is less.
If the landlord wants to end a month-to-month tenancy, the landlord will need to give the tenant a written notice to vacate. The amount of time on the notice must be either three months or the length of time between when rent is due, whichever is less.
Talk to Your Landlord If you can't come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit. If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.