Minnesota Eviction Complaint (Unlawful Detainer)

MINNESOTA EVICTION ACTION COMPLAINT

Use the current statewide Form HOU102. This working draft follows HOU102, revised December 2025, and current HOU101 instructions, revised August 2026.

STATE OF MINNESOTA — DISTRICT COURT

County: [COUNTY]

Judicial District: [DISTRICT]

Court File Number: [LEAVE BLANK FOR COURT]

Case Type: Eviction

Use Form HOU125 for additional parties. Do not list minor children unless a minor is the only tenant renting the unit. A licensed attorney must sign and appear for a corporation or LLC.

FIRST-PAGE COVERAGE NOTICES

☐ The property qualifies as public housing under Minn. Stat. § 504B.268, subdivision 1. The first page must include in bold 12-point type: If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney. This right applies to qualifying public-housing eviction actions alleging breach of lease under Minn. Stat. §§ 504B.171 or 504B.285.

☐ The tenancy is affected by project-based federal assistance, Section 8, the low-income housing tax credit program, or another similar subsidy. Administering agency: [NAME].

1. RENTAL AGREEMENT AND PREMISES

Premises: [STREET ADDRESS, UNIT, CITY, MINNESOTA, ZIP, COUNTY]

Garage: ☐ Included ☐ Not included

Agreement dates: [__/__/____] through [__/__/____]

Agreement: ☐ Oral ☐ Written

Basis:

☐ Rent of $[AMOUNT] due on the [DAY] day of each month.

☐ Exchange of services: [FULL DETAILS].

Attach the current or most recent written Lease and relevant addenda. If alleging nonpayment, attach a detailed itemized accounting or statement listing the amounts due.

2. LANDLORD’S PRESENT RIGHT OF POSSESSION — § 504B.181

For a residential Lease, complete either A and B, or C:

☐ A. Before the tenancy, Tenant received in the Lease or another writing the name and address of both the person authorized to manage the Premises and Landlord or an agent authorized to accept service and receive and receipt for notices and demands.

☐ B. The required information was posted conspicuously at: [LOCATION].

OR

☐ C. Tenant knew or received the required information at least 30 days before filing because: [FACTS].

Except for statutory exceptions, § 504B.181, subdivision 4, prevents an action for rent or possession unless this disclosure requirement is satisfied.

3. GROUNDS FOR EVICTION

Check only legally supported grounds and attach each required notice.

A. Nonpayment

☐ Tenant remains in possession and has failed to pay rent for [MONTHS] at $[AMOUNT] per month, due on the [DAY], for total rent due of $[AMOUNT].

For a residential tenancy, the written notice required by Minn. Stat. § 504B.321, subdivision 1a, was personally delivered or first-class mailed on [__/__/____], at least 14 days before filing or within a longer local period. Attach the notice and detailed itemized accounting.

Unless a material-violation allegation is also combined as provided by Minn. Stat. §§ 504B.285 and 504B.291, Tenant may redeem before possession is delivered by satisfying § 504B.291. The statutory attorney fee in redemption is no more than $5.

B. Holdover After Written Notice

☐ Landlord gave written notice on [__/__/____] requiring vacancy by [__/__/____], but Tenant did not vacate. Attach the notice.

☐ Tenant gave written notice on [__/__/____] promising vacancy by [__/__/____], but Tenant did not vacate. Attach the notice.

C. Material Lease Breach

☐ Tenant broke the rental agreement.

Specific clause violated: [QUOTE / SECTION]

Dates and detailed conduct: [FACTS]

Clause giving a right to evict for the breach: [QUOTE / SECTION]

Minnesota law does not require a generic prefiling cure notice for every nonfinancial Lease breach. Attach a notice only if the Lease, another statute, local law, or a housing program requires it or if it is independently relevant.

D. Section 504B.171 Covenant

☐ Tenant breached the statutory covenant in Minn. Stat. § 504B.171 by: [IDENTIFY EXACT COVERED CONDUCT, DATES, KNOWLEDGE, AND LOCATION].

Section 504B.171 does not cover every crime or nuisance. Apply its actual controlled-substance, prostitution, unlawful-firearm, stolen-property, violence-against-tenant/occupant, cannabis, knowledge, and off-premises limitations.

E. Mortgage or Contract-for-Deed Grounds

☐ Mortgage default, sheriff’s sale, and expired redemption period: [FACTS / DOCUMENTS].

☐ Contract-for-deed default and completed cancellation followed by holdover: [FACTS / DOCUMENTS].

4. EXPEDITED PROCEDURE, IF REQUESTED

☐ Plaintiff requests an expedited hearing because the action is brought under § 504B.171 or alleges behavior that seriously endangers other residents’ safety or intentionally and seriously damages Landlord’s or a tenant’s property.

Attach an affidavit stating specific facts and instances. The court—not this complaint—decides whether the facts qualify. Under § 504B.321, subdivision 2, an expedited appearance is five to seven days after summons issuance, the summons must be served within 24 hours unless the court orders otherwise, and only qualifying expedited allegations may be heard on that track.

5. RELIEF REQUESTED

Plaintiff asks for judgment for recovery of the Premises plus costs and disbursements as stated on current HOU102.

This summary action should not be expanded into a general money-damages complaint. Section 504B.345 directs judgment for recovery of the Premises and costs. An ordinary prevailing-plaintiff judgment is generally followed by a writ and order to vacate stayed for a reasonable period not exceeding seven days, except for specified safety or unlawful-activity actions and default judgments. Do not ask the pleading to prejudge whether a stay applies.

6. DEFENDANT INFORMATION

Tenant 1 date of birth: [__/__/____] ☐ Unknown

Tenant 1 military status: ☐ In military service ☐ Not in military service ☐ Unknown

Tenant 2 date of birth: [__/__/____] ☐ Unknown

Tenant 2 military status: ☐ In military service ☐ Not in military service ☐ Unknown

7. DECLARATION AND SIGNATURE

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

Date: [__/__/____]

County and State where signed: [COUNTY, STATE]

Signature: ________________________________________

Printed Name / Role: [________________________________]

Address / Phone / Email: [________________________________]

No notarization is required unless a separate court rule specifically requires it. Signing immediately below the statutory declaration supplies verification upon oath or affirmation under § 358.116.

8. FILING AND SERVICE CHECKLIST

☐ Current HOU102 used and all applicable fields completed.

☐ Current Lease and relevant addenda attached.

☐ Detailed itemized accounting attached for nonpayment.

☐ Each notice applicable to a checked ground attached.

☐ Public-housing and subsidy disclosures completed.

☐ Complaint filed and summons issued by the court.

☐ Summons and complaint served at least seven days before the appearance under Minn. Stat. § 504B.332.

☐ If Plaintiff regularly communicates electronically with Defendant, the additional good-faith hearing communication required by § 504B.332, subdivision 2(b), was made at least seven days before the appearance.

☐ Proof of service filed by the statutory deadline.

Hennepin and Ramsey Counties have Housing Court divisions governed by General Rules of Practice 601–612. Current HOU101 does not identify Anoka County as a Housing Court division.

SOURCES AND REFERENCES

• Minn. Stat. § 504B.181 — Landlord or Agent Disclosure
• Minn. Stat. § 504B.268 — Public-Housing Right to Counsel
• Minn. Stat. § 504B.285 — Eviction Grounds
• Minn. Stat. § 504B.291 — Nonpayment and Redemption
• Minn. Stat. § 504B.321 — Complaint and Summons
• Minn. Stat. § 504B.332 — Service
• Minn. Stat. §§ 504B.335 and 504B.345 — Trial and Judgment
• Minn. Stat. § 358.116 — Court Documents
• Minnesota Judicial Branch HOU102 — Current Complaint
• Minnesota Judicial Branch HOU101 — Current Instructions