Can I Evict a Family Member in Minnesota?
How to Evict a Family Member in Minnesota
Removing a family member from your home is perhaps one of the most stressful experiences a homeowner can face. Whether it is an adult child who refuses to launch, a relative who has overstayed their welcome, or a sibling who has become disruptive, the intersection of legal requirements and family dynamics creates a complex and emotional situation.
1. Understand the Legal Status: Guest vs. Tenant
Before you can begin the eviction process, you must determine the legal status of your family member. This is the foundation upon which your legal strategy will be built. Often, homeowners do not understand that their family member is considered a "tenant" and has accompanying legal rights. This can make removing them time-consuming, frustrating, and potentially expensive.
- The Guest: Generally, someone who stays for a very short period without paying rent or contributing to utilities. A guest can often be removed for trespassing, but if they have stayed long enough to establish residency, they gain legal protections.
- The Tenant: If there is a lease agreement (written or verbal) and they pay rent, they are a tenant. Even without a lease, if they contribute to household expenses, take care of upkeep of maintenance, or simply have resided at the property for an extended period of time, courts will view them as a "tenant-at-will."
2. Out of Court Resolution
Evictions can be expensive, time-consuming, and may permanently harm familial relationships. Before serving eviction papers, often a "family meeting" or other attempt at resolution may be useful. Sometimes, offering "cash for keys" to obtain a mutually agreeable residency termination is cheaper and faster than a court battle.
3. Serve a Formal Notice to Quit
If talk fails, the legal clock starts with a Notice to Termination of Tenancy. You cannot simply change the locks or throw their belongings on the sidewalk (this is known as a "self-help eviction" and is illegal in Minnesota).
A lease termination notice must be provided in accordance with Minnesota laws. The period required for this notice can vary depending on the terms of the residency, and it is important to consult with an attorney before issuing the notice. If the notice is incomplete or does not meet the requirements of Minnesota law, you will have to start the process over.
4. Filing the Eviction Action
If the deadline in your notice passes and the family member is still in the house, you must file an Eviction Action in your local district court. This process is complex and requires strict compliance with service and filing requirements.
The court will issue a summons which must be served on the resident. Your family member has the right to respond and attend a hearing to raise any applicable defenses. It is highly advisable to have an attorney present on your behalf to ensure that the process and hearing goes according to plan.
5. The Hearing and Judgment
At the hearing, a judge will listen to both sides and consider legal arguments raised. If the resident raises applicable defenses, the judge may schedule the case for an eviction trial. If the judge rules in your favor, they will issue a Writ of Recovery which can be used to remove the occupant. This doesn't mean you can remove them immediately, however. The Writ is an order to the county sheriff to assist with moving out the occupant at a date and time scheduled with them.
Frequently Asked Questions
No. This is considered a "self-help eviction" and is illegal in Minnesota. Even if the family member isn't paying rent, they have likely established residency. Forcibly locking them out can lead to legal penalties (including criminal charges) or a judge dismissing your eviction case entirely.
In the absence of a written lease, the occupant is usually considered a "tenant-at-will." You still have the legal right to evict them, but you must legal notice as required by Minnesota law. This notice period can vary depending on the circumstances and it is important to make sure you know what this period is before issuing a notice to vacate.
It varies by location and court backlog, but generally, the process takes anywhere from three to six weeks once the eviction complaint has been filed. This does not include the notice period, which is usually between one to three months.
If you are the primary tenant on a lease and the family member is a "sub-tenant" or guest, you generally have the right to evict them. However, you must ensure your own lease allows for sub-tenants, or you may risk your own eviction by the landlord for violating the lease terms.
Legal eviction is for possession of property. If there is a threat of violence or immediate danger, you should promptly contact local law enforcement and look into filing a petition for an Order for Protection.
Retain an Eviction Attorney Today
Eviction is an unfortunately often necessary tool by which to remove family members or friends who refuse to leave your home. While the legal steps are cold and procedural, the reality is deeply personal. By following the law strictly, you protect yourself from liability and ensure that, however painful, the transition is handled with the necessary finality to allow you to reclaim your home.
If you are facing a situation involving a family member who refuses to leave your home, call experienced eviction attorney John E. Roach or schedule a free consultation.