<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=1048746188874128&amp;ev=PageView&amp;noscript=1">

Best Way to Fight An Eviction in Minnesota

An eviction is the removal of a tenant from rental property by the landlord. There are some reasons that a landlord may try to evict you. The most common reasons are failure to pay rent or some other lease violation; but other reasons exist.

If you are a tenant and receive an eviction notice, you have several options to fight it. Laws vary across the country, but here we will discuss the best way to fight an eviction in Hennepin County, Minnesota.

Minnesota Eviction Laws

The relationship between landlord and tenant, including eviction laws, are governed by statute in Minnesota. These statutes include tenant rights and outline eviction actions. Many states in the U.S. require a landlord to notify the tenant that they are filing an eviction lawsuit. In Minnesota, however, a landlord can file an eviction lawsuit as soon as the tenant commits an act that can lead to eviction. The landlord is not required to give any notice to their tenant. Note: your lease or rental agreement will very likely contain a notice requirement.

How to fight an eviction

If you are facing eviction, there are options to fight it. You will receive a summons and a complaint from the court to notify you of the eviction lawsuit. Once you receive that, you have to fill out an answer form. You can get one at your courthouse or online at www.mncourts.gov

Once you get to the site, follow these steps:

  1. Click on “Get Forms”
  2. Click on “Housing / Landlord-Tenant”
  3. Click on “Eviction Answer” (choose the statewide form or Hennepin County form)

Be sure to bring three copies of your Answer Form to court. Give one copy to your landlord, one copy to the judge, and keep one copy for yourself. When you are aware you have an eviction lawsuit occurring, you may want to get legal advice. While you don’t need a housing attorney in court, having one can help you navigate your case. 

If you want to challenge the eviction, you first need to show up to the hearing. If you don’t appear, the judge will likely rule in favor of your landlord, and then you will be evicted. At the hearing, the judge listens to the landlord and the tenant’s arguments and makes a decision.

Eviction Defenses

In some situations, such as late rent payment, the tenant can resolve the problem before the eviction occurs. The tenant can pay the full amount of rent due and any interest in late rent payment. They would also have to pay the legal fees. If they do this before or at the hearing, they will not get evicted. For other situations, such as a lease violation, the landlord does not have to give the tenant a chance to resolve the violation. If a landlord continues to accept payment after knowledge of the violation, that often acts in defense of a tenant. The Eviction Answer Form has other eviction defenses listed, which you can check off and fill out when you fill out the form.

Tenant rights during COVID-19

The COVID-19 pandemic has temporarily changed the landscape of landlord-tenant laws. Governor Walz declared a Peacetime Emergency in Minnesota through September 11, 2020. And the CDC has placed a temporary halt in residential evictions to help prevent the spread of COVID-19.

As of this writing, most evictions in Minnesota have been put on pause. This emergency declaration has been extended once, and it may happen again, and the rules within it continue to change. Check resources such as LawHelpMN to stay up to date on what is happening.

Do I need a housing attorney?

While you don’t need an attorney in housing court, talking to attorney can help. Even if you decide to go without an attorney, knowing your rights and the law is essential. If you want to speak to an attorney for a consultation or have them answer questions you may have, LegalQ can help. The LegalQ app connects you with an attorney in your state to get answers, make a plan, and move forward. Download the FREE app today to begin. 



Use LegalQ to talk to an attorney. Download the FREE mobile app now >>>

legalq - joanna




By: Joanna Smykowski 



2019 Minnesota Statutes, CHAPTER 504B. LANDLORD AND TENANT. https://www.revisor.mn.gov/statutes/cite/504b

Tenant Defenses to Evictions in Minnesota, NOLO. https://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-minnesota.html

COVID-19: Renter’s Rights During the Pandemic, LawHelpMN. https://www.lawhelpmn.org/self-help-library/fact-sheet/covid-19-renters-rights-during-pandemic