Minnesota Notice to Cure or Quit (Material Lease Noncompliance)

Minnesota Notice to Cure or Quit (Material Lease Noncompliance)

Table of Contents

1. Notice to Tenant
2. Statutory Authority and Effect
3. Description of Lease and Premises
4. Specific Lease Provision Allegedly Breached
5. Description of Breach (Conduct, Dates, Location)
6. Required Cure
7. Cure Period and Consequence of Non-Cure
8. Tenant Resources Disclosure
9. Manner of Service
10. Certificate of Service
11. Drafting Notes for Landlord Counsel
12. Sources and References

1. Notice to Tenant

TO: [TENANT NAME 1] and [TENANT NAME 2], and all other occupants

RENTAL PREMISES: [STREET ADDRESS, UNIT, CITY, MN, ZIP]

FROM: [LANDLORD / OWNER / MANAGING AGENT]
LANDLORD ADDRESS: [ADDRESS]
LANDLORD PHONE / EMAIL: [PHONE] / [EMAIL]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with the terms of your written lease (or oral tenancy at will) for the premises described above. Unless you cure the breach as set forth in Section 6, OR vacate and surrender the premises within the cure period set forth in Section 7, the landlord intends to commence an eviction (unlawful detainer) action against you under Minn. Stat. §§ 504B.285 and 504B.321.

2. Statutory Authority and Effect

This notice is given under one or more of the following authorities (check all applicable):

☐ The cure provision of the lease at § [___] (attached as Exhibit A).
☐ Minn. Stat. § 504B.135 (notice to terminate tenancy at will).
☐ Minn. Stat. § 504B.285, subd. 1(2) (eviction for breach of lease conditions or covenants).
☐ Minn. Stat. § 504B.171 (covenants against illegal activity on the premises).

This notice is NOT a notice to pay or quit under Minn. Stat. § 504B.321, subd. 1a; if rent is also unpaid, a separate 14-day Notice to Pay Rent or Quit is required.

3. Description of Lease and Premises

4. Specific Lease Provision Allegedly Breached

The clause(s) of the lease (or statute, for tenancies at will) that the landlord alleges you have breached:

Lease Section / Paragraph: [§ ____, p. ____]

Verbatim text of breached provision (quote exactly):

[QUOTE THE EXACT LEASE LANGUAGE HERE]

5. Description of Breach (Conduct, Dates, Location)

The conduct constituting the alleged breach is:

Nature of conduct: [DESCRIBE: e.g., unauthorized occupant, unauthorized pet, smoking in unit, repeated noise complaints, unauthorized alterations, failure to maintain renter's insurance, etc.]

Dates and times of incidents (Minn. Stat. § 504B.321, subd. 3 requires dates of conduct):

Supporting documentation referenced (attach as exhibits):

☐ Police reports (case # [______])
☐ Photographs / video stills
☐ Written complaints from neighbors
☐ Code-enforcement citations
☐ Prior written warnings dated [__/__/____]
☐ Other: [______]

6. Required Cure

To cure the breach and prevent eviction, you must take ALL of the following actions on or before the cure deadline in Section 7:

☐ [SPECIFIC ACTION 1, e.g., "Remove the unauthorized occupant [NAME] from the premises and provide a signed statement under penalty of perjury that the person no longer resides there."]

☐ [SPECIFIC ACTION 2, e.g., "Remove the unauthorized animal from the premises permanently."]

☐ [SPECIFIC ACTION 3, e.g., "Repair the damage to [LOCATION] at your expense or pay $[____] for repair costs."]

☐ [SPECIFIC ACTION 4, e.g., "Provide proof of renter's insurance with $[____] minimum coverage."]

☐ [SPECIFIC ACTION 5, e.g., "Cease the noise / smoking / activity and refrain from any further violations."]

INCURABLE BREACHES (check if applicable): Some breaches cannot be cured; for these, this notice is a Notice to Quit with no opportunity to cure:

☐ Illegal drug activity, prostitution, or other prohibited activity (Minn. Stat. § 504B.171).
☐ Serious endangerment of safety of other tenants or property (Minn. Stat. § 504B.345, subd. 1(b)).
☐ Material and substantial damage to the premises beyond ordinary wear and tear.
☐ Repeated breaches following prior cure notice dated [__/__/____].

7. Cure Period and Consequence of Non-Cure

Cure / vacate deadline: [__/__/____] (which is [____] days from the date of this Notice).

If you cure all defaults listed in Section 6 by the deadline above, the landlord will not commence an eviction action based on the conduct described herein. Cure does not waive the landlord's right to act on future or separate breaches.

If you fail to cure by the deadline AND remain in possession, the landlord intends to file an eviction complaint in the District Court for [_______] County (Housing Court Division if applicable) under Minn. Stat. § 504B.321 seeking:

☐ A judgment of recovery of premises and writ of recovery.
☐ Costs of the action.
☐ Damages and other relief allowed by law (note: damages typically pursued in a separate civil action, not the eviction itself).

8. Tenant Resources Disclosure

If you believe this notice is improper, retaliatory, discriminatory, or in violation of your tenancy rights, you may contact:

• HOME Line statewide tenant hotline: 612-728-5767 / 1-866-866-3546 — https://homelinemn.org
• Minnesota Attorney General — Landlords & Tenants: https://www.ag.state.mn.us/Consumer/Handbooks/LT/
• Mid-Minnesota Legal Aid (Twin Cities): 612-334-5970 — https://mylegalaid.org
• Legal Services of Northwest / Central / Southern Minnesota: by region.
• Minnesota Department of Human Rights (discrimination): 1-833-454-0148 — https://mn.gov/mdhr
• Hennepin / Ramsey County Housing Court Self-Help Centers.

9. Manner of Service

This Notice was served as follows (check all applicable):

☐ Personal delivery to [TENANT NAME] at [ADDRESS] on [__/__/____] at [____] a.m./p.m.
☐ Substituted service — left with [NAME, RELATIONSHIP, AGE 14+] on [__/__/____].
☐ Conspicuous posting on the entry door on [__/__/____].
☐ First-class U.S. mail postmarked [__/__/____].
☐ Certified mail with return receipt requested, tracking # [______________].
☐ Email to [_____@_____] on [__/__/____] (supplementary only).

10. Certificate of Service

I, [SERVER NAME], being over 18 years of age and not a party, certify under penalty of perjury under the laws of Minnesota that on [__/__/____] I served the foregoing Notice to Cure or Quit on the tenant(s) named in Section 1 by the method(s) checked in Section 9.

11. Drafting Notes for Landlord Counsel

12. Sources and References

• Minn. Stat. § 504B.135 — https://www.revisor.mn.gov/statutes/cite/504B.135
• Minn. Stat. § 504B.171 — https://www.revisor.mn.gov/statutes/cite/504B.171
• Minn. Stat. § 504B.285 — https://www.revisor.mn.gov/statutes/cite/504B.285
• Minn. Stat. § 504B.321 — https://www.revisor.mn.gov/statutes/cite/504B.321
• Minn. Stat. § 504B.345 — https://www.revisor.mn.gov/statutes/cite/504B.345
• HF 1655 (2023) — https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1655&ssn=0&y=2023
• Minnesota AG Landlord-Tenant Handbook — https://www.ag.state.mn.us/Consumer/Handbooks/LT/
• HOME Line — https://homelinemn.org/

END OF NOTICE