Minnesota Evictions: Where Do We Go from Here

By
Brooke Bednarczyk
41 Mitchell Hamline L.J. of Pub. Pol’y and Prac. Symp. 17 (2020)

 Eviction is “a summary court proceeding to remove a tenant or occupant from or otherwise recover possession of real property by the process of law.” Minnesota eviction law is governed by Minnesota Statutes Chapter 504B which was adopted in 1999. Specifically, Chapter 504B.281 through 504B.371 deal with the eviction process, the execution process, and the appeals process. Chapter 504B encompasses statutes related to the landlord-tenant relationship from the commencement of the tenancy through its termination. There are regulations for lease agreements, rights of the parties, how to seek redress, and more.

This essay will discuss the sources of law governing the residential landlord-tenant relationship related to eviction. It begins with a summary of the Minnesota statutes that address the rights and responsibilities in a landlord-tenant relationship. Next, it will discuss the eviction process including proper service requirements, what typically occurs at an initial appearance, and the options that tenants have once an eviction is filed against them. It will end with a discussion of the systems that are currently in place to assist tenants, the flaws in those systems, and possible solutions moving forward.