Minnesota Eviction Complaint (Unlawful Detainer)

EVICTION COMPLAINT (UNLAWFUL DETAINER) — MINNESOTA

Table of Contents

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Description of Premises and Tenancy
6. Lease Provisions Relevant to This Action
7. Compliance with Pre-Filing Notice Requirements
8. Count I — Nonpayment of Rent (§ 504B.291)
9. Count II — Material Breach of Lease (§ 504B.285, subd. 1(2))
10. Count III — Holdover After Notice to Quit (§ 504B.285, subd. 1(3))
11. Count IV — Illegal Activity / § 504B.171 (Expedited)
12. Federal/State Subsidy Disclosure
13. Damages and Costs
14. Prayer for Relief
15. Jury Demand or Waiver
16. Verification
17. Signature and Service Blocks
18. Exhibits
19. Practice Notes
20. Sources and References

1. Caption

STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF [____________________]
[____________] JUDICIAL DISTRICT
HOUSING COURT DIVISION (if Hennepin / Ramsey / Anoka County)

Court File No.: [________________________________]
Case Type: Eviction (Unlawful Detainer)

EVICTION COMPLAINT

2. Introduction

Plaintiff [LANDLORD NAME] ("Landlord"), by and through undersigned counsel, brings this eviction action under Minn. Stat. § 504B.281 et seq. seeking recovery of possession of the residential premises located at [PREMISES ADDRESS] from Defendants [TENANT NAMES] and all other occupants, and alleges as follows.

3. Parties

3.1 Plaintiff [LANDLORD NAME] is ☐ an individual residing in / ☐ a Minnesota [LLC / corporation / partnership] with its principal place of business at [ADDRESS], and is the owner / managing agent of record for the premises described in Section 5.

3.2 Defendant [TENANT 1 NAME] is, on information and belief, an individual residing at [PREMISES ADDRESS]. Date of birth: [__/__/____] (if known) (Minn. Stat. § 504B.321, subd. 1(2)).

3.3 Defendant [TENANT 2 NAME] is, on information and belief, an individual residing at [PREMISES ADDRESS]. Date of birth: [__/__/____] (if known).

3.4 Defendant All Other Occupants comprises any other persons in possession of the premises whose identities are presently unknown to Plaintiff and who claim or may claim a possessory interest.

3.5 Plaintiff is represented by counsel: [ATTORNEY NAME], [FIRM], MN Atty. Reg. No. [______], [ADDRESS], [PHONE], [EMAIL]. Plaintiff is appearing through ☐ counsel ☐ pro se.

4. Jurisdiction and Venue

4.1 This Court has subject-matter jurisdiction over this eviction action under Minn. Stat. § 504B.281 and § 484.013 (district court jurisdiction over real property).

4.2 Venue is proper in [____________] County under Minn. Stat. § 504B.321 because the premises that are the subject of this action are located in [____________] County.

4.3 ☐ This matter is properly assigned to the Housing Court Division of District Court (Hennepin, Ramsey, or Anoka County) under Minn. Gen. R. Prac. 601 et seq.

5. Description of Premises and Tenancy

5.1 The residential premises (the "Premises") are located at [STREET ADDRESS, UNIT, CITY, MN, ZIP], legally described as: [LEGAL DESCRIPTION OR PROPERTY ID NUMBER].

5.2 The Premises are residential rental property within the meaning of Minn. Stat. ch. 504B.

5.3 On or about [__/__/____], Plaintiff (or Plaintiff's predecessor) and Defendant(s) entered into a ☐ written lease agreement / ☐ oral month-to-month tenancy / ☐ tenancy at will for the Premises (the "Lease"). A true and correct copy of the Lease and all addenda is attached as Exhibit A.

5.4 Material Lease Terms:

6. Lease Provisions Relevant to This Action

6.1 The Lease provision authorizing termination/eviction for the conduct alleged below is found at Lease Section [§ ____] and provides:

[QUOTE THE EXACT LEASE LANGUAGE — RENT DUE CLAUSE, BREACH/DEFAULT CLAUSE, ETC.]

6.2 Other relevant provisions: [§ ____ (e.g., authorized occupants); § ____ (pets); § ____ (renter's insurance)].

7. Compliance with Pre-Filing Notice Requirements

7.1 ☐ For nonpayment of rent: On [__/__/____], Plaintiff served Defendant(s) with a written 14-day Notice to Pay Rent or Quit complying with Minn. Stat. § 504B.321, subd. 1a, including the verbatim statutory disclosure ("Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days."). Notice was served by ☐ personal delivery ☐ first-class U.S. mail to the leased premises. A true and correct copy of the Notice and Certificate of Service is attached as Exhibit B. The 14-day period expired on [__/__/____] without cure or surrender.

7.2 ☐ For holdover after termination of tenancy at will: On [__/__/____], Plaintiff served Defendant(s) with a Notice of Termination of Tenancy, providing at least one full rental period of notice as required by Minn. Stat. § 504B.135. The termination date was [__/__/____]. Defendant(s) did not vacate. A copy of the Notice and Certificate of Service is attached as Exhibit C.

7.3 ☐ For breach of lease: On [__/__/____], Plaintiff served Defendant(s) with a written Notice to Cure or Quit identifying the lease clause breached, the conduct, and the dates. The cure period expired on [__/__/____] without cure. A copy of the Notice and Certificate of Service is attached as Exhibit D.

7.4 ☐ For § 504B.171 illegal-activity cases: Notice is not required where the conduct constitutes a covenant violation under § 504B.171 (Plaintiff still serves notice as a courtesy / for jurisdictional compliance — see Exhibit [___]).

7.5 ☐ Local ordinance compliance: Plaintiff has complied with applicable Minneapolis Code ch. 244 / St. Paul Legislative Code ch. 193A pre-filing requirements (if applicable). Documentation attached as Exhibit [___].

8. Count I — Nonpayment of Rent (§ 504B.291)

8.1 Plaintiff incorporates Sections 1-7 by reference.

8.2 Defendant(s) failed to pay rent when due for the following periods:

A detailed itemized rent ledger is attached as Exhibit E (required by Minn. Stat. § 504B.321, subd. 3).

8.3 Plaintiff has complied with the 14-day pre-filing notice requirement of Minn. Stat. § 504B.321, subd. 1a, as alleged in paragraph 7.1.

8.4 Defendant(s) have failed to pay the rent in arrears, with interest and costs, and have failed to vacate the Premises.

8.5 Plaintiff is entitled to recovery of the Premises under Minn. Stat. § 504B.291, subject to Defendant(s)' redemption right (payment of arrears + interest + costs + $5 attorney's fee under Minn. Stat. § 504B.291, subd. 1).

9. Count II — Material Breach of Lease (§ 504B.285, subd. 1(2))

9.1 Plaintiff incorporates Sections 1-7 by reference.

9.2 Lease Section [§ ____] (quoted in paragraph 6.1) provides that [DESCRIBE COVENANT].

9.3 Defendant(s) breached this provision through the following specific conduct:

9.4 The breach is material and not capable of cure / has not been cured despite the Notice to Cure or Quit attached as Exhibit D.

9.5 Plaintiff is entitled to recover the Premises under Minn. Stat. § 504B.285, subd. 1(2).

10. Count III — Holdover After Notice to Quit (§ 504B.285, subd. 1(3))

10.1 Plaintiff incorporates Sections 1-7 by reference.

10.2 The tenancy was a tenancy at will / month-to-month tenancy under Minn. Stat. § 504B.135.

10.3 On [__/__/____], Plaintiff served a Notice of Termination of Tenancy effective [__/__/____], providing at least one full rental period of notice (Exhibit C).

10.4 Defendant(s) did not vacate by the termination date and continue to hold over without right.

10.5 Plaintiff is entitled to recover the Premises under Minn. Stat. § 504B.285, subd. 1(3).

10.6 The termination is not subject to the restrictions of HF 1655 (2023) on no-fault termination during the initial 12 months because: ☐ tenancy is past the 12-month protected period, OR ☐ termination is for stated cause (cause: [___]).

11. Count IV — Illegal Activity / § 504B.171 (Expedited)

11.1 Plaintiff incorporates Sections 1-7 by reference.

11.2 Every residential lease in Minnesota contains a covenant by the tenant against illegal activity under Minn. Stat. § 504B.171.

11.3 On [__/__/____], the following acts occurred at the Premises constituting violations of § 504B.171:

[DESCRIBE: drug-related criminal activity, prostitution, gang activity, illegal firearm activity, threats of violence against others on the premises, etc.; cite police case numbers / arrests if available]

11.4 The conduct seriously endangers the safety of other residents, guests, agents, or property of the Premises.

11.5 Plaintiff requests expedited hearing (return date 5-7 days) under Minn. Stat. § 504B.321, subd. 2, and waiver of any stay of writ of recovery under Minn. Stat. § 504B.345, subd. 1(b).

12. Federal/State Subsidy Disclosure

12.1 The tenancy is / is not affected by a federal or state housing subsidy program (Minn. Stat. § 504B.321, subd. 3 disclosure):

☐ No subsidy.
☐ Section 8 Housing Choice Voucher (24 C.F.R. pt. 982) — additional federal good-cause and notice requirements satisfied per Exhibit [___].
☐ Project-based Section 8 (24 C.F.R. pt. 247) — Notice of Termination dated [__/__/____] attached as Exhibit [___].
☐ Public Housing (24 C.F.R. pt. 966) — grievance procedure exhausted / not applicable.
☐ Low-Income Housing Tax Credit (LIHTC) property — good cause requirements satisfied.
☐ Other: [_______]

13. Damages and Costs

13.1 Pursuant to Minn. Stat. § 504B.345, subd. 1, Plaintiff seeks judgment for recovery of the Premises and execution for costs, including:

13.2 Plaintiff reserves the right to pursue rent and damages owed by Defendant(s) in a separate civil action; this eviction proceeding seeks only possession and statutory costs.

14. Prayer for Relief

WHEREFORE, Plaintiff prays this Court enter judgment as follows:

A. For immediate recovery of possession of the Premises located at [ADDRESS];

B. For issuance of a Writ of Recovery of Premises and Order to Vacate under Minn. Stat. § 504B.345;

C. For costs of this action as itemized in Section 13;

D. For an order placing this matter on the expedited calendar if Count IV is pleaded (5-7 day return);

E. For a finding that Defendant(s) have no statutory stay of the writ under Minn. Stat. § 504B.345, subd. 1(b) (nonpayment, illegal activity, or default);

F. For such other and further relief as the Court deems just and equitable.

15. Jury Demand or Waiver

☐ Plaintiff DEMANDS trial by jury on all triable issues (Minn. Stat. § 504B.335; Minn. Const. art. I, § 4).

☐ Plaintiff waives trial by jury and consents to bench trial.

16. Verification

STATE OF MINNESOTA )
COUNTY OF [_________] ) ss.

I, [LANDLORD NAME / AUTHORIZED AGENT], being first duly sworn upon oath, depose and state: I am the Plaintiff (or authorized agent of Plaintiff) in this action; I have read the foregoing Complaint and know its contents; the allegations are true to my knowledge, except as to matters stated on information and belief, and as to those, I believe them to be true.

17. Signature and Service Blocks

Dated: [__/__/____]

Respectfully submitted,

18. Exhibits

19. Practice Notes

20. Sources and References

• Minn. Stat. § 504B.281 — https://www.revisor.mn.gov/statutes/cite/504B.281
• Minn. Stat. § 504B.285 — https://www.revisor.mn.gov/statutes/cite/504B.285
• Minn. Stat. § 504B.291 — https://www.revisor.mn.gov/statutes/cite/504B.291
• Minn. Stat. § 504B.321 — https://www.revisor.mn.gov/statutes/cite/504B.321
• Minn. Stat. § 504B.331 — https://www.revisor.mn.gov/statutes/cite/504B.331
• Minn. Stat. § 504B.335 — https://www.revisor.mn.gov/statutes/cite/504B.335
• Minn. Stat. § 504B.345 — https://www.revisor.mn.gov/statutes/cite/504B.345
• Minn. Stat. § 504B.171 — https://www.revisor.mn.gov/statutes/cite/504B.171
• Minn. Stat. § 504B.135 — https://www.revisor.mn.gov/statutes/cite/504B.135
• Minn. Stat. § 504B.161 — https://www.revisor.mn.gov/statutes/cite/504B.161
• HF 1655 (2023) — https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1655&ssn=0&y=2023
• HF 2333 (2023) (eviction expungement) — https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF2333&ssn=0&y=2023
• Minnesota Judicial Branch — Housing Court — https://www.mncourts.gov/Help-Topics/Housing-Court.aspx
• Minnesota Attorney General — Landlord-Tenant Handbook — https://www.ag.state.mn.us/Consumer/Handbooks/LT/

END OF COMPLAINT