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1. Do I need to give my tenant notice prior to starting the Eviction Action?

It depends. If you have a written lease, read through the terms to see whether it requires a specific kind of notice. If you plan to bring an eviction case because the tenant has broken any of the terms of the lease, you generally do not have to give notice before starting the case. However, if the tenant has not broken the terms of the lease, notice is usually required. If you give the tenant a proper written notice to vacate and they do not leave by the date in your notice, you may be able to bring an eviction case based on their failure to leave.   

2. Can I evict someone living in my property if I do not know their name? For example, they are not listed on the lease.

Yes, you can list a tenant as "John Doe" or "Jane Doe" if you do not know their name.

3. I let someone stay at my home and now they won't leave. How do I get them out?

Even if your houseguest never signed a lease or paid rent, it is possible that they may still be considered a tenant under MN law. If you have established a landlord-tenant relationship with your houseguest, then you will need to go through the eviction process to remove the tenant. If you have not established a landlord-tenant relationship, there may be other non-court options you could try. Visit the MN Courts website for more information.

4. What happens if the eviction documents are not served within the time frame?

The plaintiff will have to request a new court date from Court Administration and have the updated documents served.