Minnesota Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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Multi-State
Control #:
US-03329BG
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Word; 
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Beginning on June 1, 2022, all tenant protections from Minnesota's COVID-19 related eviction moratorium phaseout law expire.

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.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

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.

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.

2. Timeline Lease Agreement / Type of TenancyNotice to ReceiveWeek-to-week7-Day Notice to QuitMonth-to-month30-Day Notice to QuitOther tenanciesDuration between rental payments or 3 months, whichever is shorter

Call United Way 211 at 651-291-0211 to get referred to an agency. Explain to the landlord what happened and apologize. If the landlord isn't willing to let you stay, tell them that you would like to avoid an eviction, and are willing to voluntarily move out. Suggest a reasonable date when you can move out.

Holdover Tenants If there is no condition in the lease about what happens when the lease ends (for example, nothing is said about converting the tenancy to a month-to-month tenancy), the lease simply expires and the tenant becomes a ?holdover tenant,? and the lease is renewed on a month-to-month basis. [Minn. Stat.

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Minnesota Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term