An eviction is a court action that determines who has a legal right to possess certain real property.
Common reasons for evictions include:
- Delinquent rent payments
- Violation of lease provisions such as illegal activity
- Mortgage Foreclosures
- Cancellation of a Contract for Deed
- Guests or non-tenants staying in the residence
To initiate an Eviction, Complaint forms must be filed with Crow Wing County Court Administration. The Court Administrator will assign a court date and issue a Summons. The Summons and Complaint must be served or posted at least 7 days before the court date. The service must be made by a third person who is not part of the court action.
If you choose to have the Sheriff's Office serve the eviction documents, the following is required:
- The plaintiff must provide copies of both the Summons and Complaint
- Complete and include this form (PDF) with the Summons and Complaint
- Payment of service fee
A Sheriff's Deputy will attempt to serve the documents on at least two different days; one day before 6 pm and one day after 6 pm. If the Deputy is unable to serve the defendants, the Summons and Complaint will be posted on the door of the premises listed on the eviction documents. Following the service or posting, the Sheriff's Office will provide a Certificate of Service to the plaintiff. It is the plaintiff's responsibility to provide this Certificate to the Crow Wing County Court Administrator prior to the hearing.
Writ of Recovery
If the judge rules in favor of the plaintiff at the hearing, a Writ of Recovery will be issued if the defendant is still occupying the premises. This is an Order enabling the Sheriff to restore the premises to the plaintiff. The Writ of Recovery must be served by the Sheriff's Office if lockout services may be needed. The Writ is only valid for 30 days. Once the Writ is received, a Sheriff's Deputy will serve or post the Writ which provides the defendant 24 hours to vacate the premises. If the defendant fails to vacate the premises, the plaintiff may contact the Sheriff's Office during regular business hours to schedule lockout services.
At the time of the scheduled lockout, a Sheriff's Deputy will meet the plaintiff or plaintiff's representative at the premises to complete the lockout process as outlined below:
- The Sheriff's Deputy will remove the defendant from the premises.
- If the defendant's personal property is left at the premises, the Sheriff's Deputy will stand by while the plaintiff or plaintiff's representative completes an inventory of the property.
- It is the responsibility of the plaintiff or their representative to complete the Eviction Inventory sheet provided by the Deputy at the time of the lockout.
- The original Eviction Inventory sheet must be given back to the Deputy upon completion who will return it to the Sheriff's Office. A copy will be included with the invoice and mailed to the plaintiff.
- The plaintiff can store the defendant's personal property either on-site or off-site.
- The plaintiff may store the property on-site for 28 days. In order to recover their personal property, the defendant must contact the plaintiff in writing within the allotted 28 days and make arrangements to pick it up. The plaintiff is obligated to make arrangements with the defendant to release the personal property.
- The plaintiff may contract with a licensed and bonded mover to inventory and move the property to an off-site storage location for 60 days. If the personal property is stored off-site, the defendant has 60 days in which to repossess the property and may be required to pay the moving and storage costs before the personal property is released. The plaintiff has a lien on the moving and storage expenses only.
- Changing the locks and/or hiring a lock smith is optional but is the responsibility of the plaintiff.
Following the lockout services, the file will be closed and the plaintiff will be invoiced for the services.
- Do I need to give my tenant notice prior to starting the Eviction Action?
- Can I evict someone living in my property if I do not know their name? For example, they are not listed on the lease.
- I let someone stay at my home and now they won't leave. How do I get them out?
- What happens if the eviction documents are not served within the time frame?