Tenant Defenses to Evictions in Minnesota

In Minnesota, a landlord can evict a tenant for several different reasons, the most common of which are failing to pay rent or violating the lease or rental agreement. A tenant facing eviction for one of these reasons might be able to challenge the eviction and delay the proceedings or stop the eviction altogether.

This article examines the most common grounds for eviction under Minnesota law, along with some of the most common defenses available.

Evictions in Minnesota

Much of the landlord-tenant relationship is regulated by statute in Minnesota. The statutes set forth most of the rules landlords and tenants must follow when renting a property, including when and how to evict a tenant. The most common reasons for eviction are failing to pay rent or violating the lease.

Eviction for Nonpayment of Rent

The most common reason for eviction is a tenant failing to pay rent. When a tenant doesn't pay rent on the date it's due, the landlord can give the tenant a 14-day notice to pay rent or quit (move out). The notice must state the total amount due; an accounting of the amount of the total due from unpaid rent, late fees, and other charges under the lease; the name and address of the person authorized to receive rent and fees; specific statements required by Minnesota law; and a statement that the landlord can file an eviction lawsuit 14 days after the date of the notice if the tenant doesn't pay rent or move out. (Minn. Stat. § 504B.321 (2024).)

Eviction for Violating the Lease

Another common reason for eviction is a tenant violating the lease or rental agreement. For violations of the lease, the landlord doesn't have to give the tenant notice or the opportunity to fix the violation. Instead, the landlord can immediately file an eviction lawsuit. An appearance in court will be not less than 7 or more than 14 days from the issuing of the summons in the case. A landlord can request an expedited hearing when the basis for the eviction is that the tenant is engaging in behavior that endangers health and safety or property. (Minn. Stat. §§ 504B.171, 504B.285, 504B.321 (2024).)

Examples of lease violations include having a dog when no pets are allowed or having unauthorized people living in an apartment.

Eviction Process

To begin an eviction lawsuit, a landlord must file a summons and complaint with the district court of the county in which the rental property is located. The court will set a date and time for a hearing to take place before a judge and put that information on the summons. Then a copy of the complaint and summons will be served upon the tenant. If the tenant wishes to challenge the eviction, the tenant must appear at the hearing. If the tenant does not appear, the judge will likely rule in the landlord's favor and the eviction will occur. At the hearing, the judge will listen to both the landlord and the tenant and then make a final decision regarding the eviction.

The tenant might find that challenging the eviction is not always the best option. The tenant might have to pay the landlord's court and attorneys' fees if unsuccessful in court. The tenant could also be turned down for future housing because of the eviction on their record. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; one to try in Minnesota is the Conflict Resolution Center.

Eviction Defenses

A tenant might have at least one defense available if facing eviction because of failing to pay rent or violating the lease.

Landlord Unlawfully Ousts Tenant

The only way a landlord can evict a tenant is by receiving a judgment from the court allowing the eviction to occur. It is illegal for a landlord to try to evict a tenant through any other means, such as changing the locks at the rental unit or turning off the utilities. This is sometimes called a "self-help" eviction, or unlawful ouster. Minnesota law makes this kind of action a misdemeanor, and a tenant can sue a landlord who attempts to illegally evict a tenant in this manner. (Minn. Stat. §§ 504B.221, 504B.225 (2024).)

Landlord Evicts Tenant for Not Paying Rent

A tenant who is being evicted for not paying rent might have at least one defense available.

Tenant Paid Rent in Full

A tenant can still stop the eviction by paying rent in full, plus court costs and attorneys' fees, at any time before the eviction actually occurs. The tenant can either pay the landlord directly or pay the rent to the court, which will then pay the landlord. If the tenant chooses to pay the landlord directly, the tenant should pay with a money order or ask for a time-stamped receipt. This way, if the landlord continues with the eviction, the tenant has proof that the rent was paid during the appropriate time period. (Minn. Stat. § 504B.291 (2024).)

Landlord Did Not Maintain the Rental Unit

Like landlords in all states, Minnesota landlords must provide rentals that are safe and fit for human habitation. Specifically, Minnesota landlords must:

• keep the rental and all common areas fit for the use intended by the parties
• maintain the rental in reasonable repair
• make the rental reasonably energy efficient by installing weather stripping, caulking, storm windows, and storm doors when it will result in energy cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing the measure, including interest, amortized over the 10-year period following the incurring of the cost
• comply with applicable state and local health and safety laws, and
• supply or furnish heat at a minimum of 68 degrees Fahrenheit from October 1 through April 30.

(Minn. Stat. § 504B.161 (2024).)

If the rental unit needs repair or maintenance in one of the areas described above, the tenant must give the landlord a written notice that states the landlord has 14 days to make the repairs or maintenance. (Minn. Stat. § 504B.385 (2024).) If the landlord does not make the repairs or necessary maintenance, the tenant must turn to the court for relief.

The tenant can bring an emergency petition before the court in cases of no running water, hot water, heat, electricity, or another essential service. (Minn. Stat. § 504B.381 (2024).) In all other cases, the tenant can bring a rent escrow action before the court. This means that the tenant can stop paying rent to the landlord and instead deposit rent into an escrow account with the court, until the landlord makes the necessary repairs. (Minn. Stat. § 504B.385 (2024).)

If the landlord tries to evict the tenant for failing to pay rent, the tenant can challenge the eviction by showing evidence that the landlord did not maintain the rental unit and that the tenant has established an escrow account with the court.

Landlord Evicts the Tenant for Discriminatory Reasons

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, the Minnesota Human Rights Act also makes it illegal to discriminate against a person based on creed, marital status, or status with regard to public assistance. (Minn. Stat. § 363A.09 (2024).)

Additional Resources for Tenants in Minnesota

Minnesota has several legal aid organizations that provide help to those who qualify based on income, including Mid-Minnesota Legal Aid and Central Minnesota Legal Services. The Minnesota Department of Human Services also provides some online resources related to housing issues. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction cases are filed with the district court of the county in which the rental property is located. The Minnesota Judicial Branch maintains an online directory for you to easily find the district you reside in. The Minnesota Judicial Branch also provides an online self-help center that provides information related to landlord-tenant issues. In addition, some of the district courts provide online information relating to eviction actions specific to their district, so be sure to look at the website for your local court.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorneys' fees if you win in court.

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.