How to Initiate an Eviction Action
An Eviction Action is required in order to evict a tenant from rental property. Minnesota Statutes Chapter 504B regulate this law.
Filing a Complaint
To initiate an Eviction Action, the landlord must file a Complaint with the Crow Wing County Court Administrator. If the tenant has unknown parties living on the premises, the landlord may list John Doe and Mary Roe as defendants.
When the Complaint is complete, the Court Administrator will assign a court date and issue a Summons. The Summons and Complaint must be served or posted at least 7 days before the court date. In order for the Crow Wing County Sheriff's Office to serve these papers, copies of both the Summons and Complaint must be received. If a Sheriff's Deputy does not find the defendants at home after making attempts on 2 different days, 1 day before 6 p.m. and 1 between 6 p.m. and 10 p.m., the Deputy will post the Summons and Complaint on the property. The Deputy will then complete the appropriate Affidavits. A copy of the Affidavits and a bill for $75 for each person served will be sent to the landlord.
The Judge's Ruling
If the judge rules in favor of the landlord at the hearing, a Writ of Recovery will be issued. This is an Order for the Sheriff to evict the tenant, if the tenant is still occupying the premises. The Writ must be taken to the Sheriff's Office. The Writ is only valid for 30 days, so it is important to bring it to the Sheriff's Office without delay.
Receiving a Writ
Once the Writ is received, a Sheriff's Deputy will serve the tenants or post the Writ on the door. The tenant has exactly 24 hours from the time the Writ was served or posted to vacate the premises. If the tenant has not moved out of the premises at that time, the landlord needs to notify the Sheriff's Office.
Removing the Tenant
At this time a Sheriff's Deputy will go out to the premises and remove the tenant from the property. If the tenant has abandoned property, the landlord may store it on the premises or contract a licensed mover to remove the property. If the property is stored off site, the landlord has a lien on the storage and moving expenses only. A Sheriff's Deputy will standby until the inventory is complete. The landlord must store the property for 30 days. If the defendant wants their property, they must notify the landlord within the allotted 30 days. The landlord is then obligated to return the property.
Please visit the Minnesota Attorney General's website for specific questions regarding landlord and tenants rights and responsibilities. You may also request a booklet from the Sheriff's Office that details landlord and tenants rights and responsibilities. This booklet is issued by the Minnesota Attorney General.