Can I Evict a Guest from My Home?
How do I evict a Guest or Family Member from My Home?
Evictions in Minnesota can be complicated under any circumstance, but removing a guest or family member carries its own unique considerations. In many circumstances, guests or family members that reside at your home for a period of time will be legally considered “tenants at will.”
Unlike tenants with written leases, tenants at will occupy property under a more informal or open-ended arrangement. Because of this, many Minnesota landlords mistakenly assume they can remove an at-will tenant (including a guest or family member) immediately or with minimal notice. In reality, Minnesota statutes impose strict requirements on how and when an at-will tenancy can be terminated, particularly before a landlord may lawfully file an eviction action.
Understanding the legal framework is critical. Mistakes in the termination process often lead to dismissed eviction cases, lost time, and increased expense. This article explains how Minnesota law treats tenants at will, how to properly terminate this type of tenancy, and how to proceed with an eviction action if the tenant remains on the property past the termination date.
What Is a Tenant at Will Under Minnesota Law?
A tenancy at will exists when a tenant occupies a property without a fixed-term lease. This may occur when:
• A property owner allowed a guest or family member to reside at their property for an indefinite amount of time.
• The landlord and tenant never signed a written lease
• A written lease expired but the parties continued the rental arrangement informally
• The parties intended an open-ended arrangement without a defined end date
Under Minnesota Statutes section 504B.001, subdivision 13, a “tenant at will” is a tenant who occupies real property with the landlord’s consent without a lease for a definite period. The key feature of a tenancy at will is that either party may terminate the arrangement. However, termination must follow statutory procedures.
Even though a tenant at will lacks a fixed-term lease, the tenant still holds legal rights. They are entitled to proper notice before the tenancy can be terminated, and Minnesota courts strictly enforce these requirements.
Common Situations Leading to at-Will Tenancies
Many landlords unintentionally create a tenancy at will without meaning to. Common scenarios include:
• Accepting rent without signing a written lease
• Allowing a tenant to stay after lease expiration without renewing the lease
• Letting a family member or friend occupy a unit informally
• Renting out property while drafting a long-term lease but never finalizing it
Tenancies at will also frequently arise in owner-occupied duplexes or triplexes where relationships between the landlord and tenant begin informally. Although these situations may feel casual, they still fall under Minnesota’s landlord-tenant laws.
When the relationship deteriorates, or when the owner needs to regain possession of the unit, they must ensure the tenancy is properly terminated in writing before filing an eviction.
Terminating a Tenancy at Will: Required Notices
The first step in the eviction process is always termination of tenancy. A landlord cannot file an eviction action until the tenancy has lawfully ended. Minnesota requires written notice for terminating an at-will tenancy.
Required Notice Period
For residential rental property, Minnesota Statutes section 504B.135 establishes that either party may terminate a tenancy at will with at least one full rental period of written notice unless a shorter notice period is specified by another statute.
For most residential properties rented on a monthly basis, this means:
• If rent is due on the first of the month, the landlord must give written notice before the last day of the current month, stating that the tenancy is terminated at the end of the next month.
Example:
If the landlord gives written notice on May 28, the earliest termination date is June 30.
If the landlord gives written notice on June 2, the earliest termination date is July 31.
However, in many situations involving family members or friends living with a property owner, the agreement to reside at the property does not include a monthly rent obligation. In many cases the family member or friend may help with utilities, or simply be responsible for assisting with property upkeep and cleanliness. This complicates the situation, as in cases without a rental period (or with a rental period of over three months), an owner must provide a three month notice to terminate a tenancy at will.
Notice Must Be in Writing
A tenancy at will cannot be terminated verbally. Casual conversations or other verbal notices do not satisfy the statutory requirement. The notice must be in writing and should clearly demonstrate the end date of the tenancy.
What Happens After the Termination Date?
Once the notice expires, the tenancy ends. At that point, if the tenant remains on the property, the tenant becomes a holdover tenant without the landlord’s consent. The landlord may then file an eviction action in district court. Eviction actions contain increasingly complex requirements, including specific service requirements. It is wise for property owners to enlist the aid of an experience eviction attorney before filing an eviction action against the occupant.
Filing an Eviction Action for a Holdover Tenant at Will
Eviction actions in Minnesota are governed by Minnesota Statutes chapter 504B. After the termination date passes, and assuming the tenant has not voluntarily vacated, the landlord may file an eviction complaint.
Where to File
Evictions must be filed in district court in the county where the rental property is located. The two most common venues for eviction filings in Minnesota are:
• Hennepin County District Court (for Minneapolis and remainder of Hennepin County)
• Ramsey County District Court (for St. Paul and remainder of Ramsey County)
Avoiding Common Mistakes When Terminating At-Will Tenancies
Landlords frequently find their eviction cases dismissed because of simple—but critical—errors in the termination process. The most common mistakes include:
• Giving insufficient notice
• Miscalculating the start or end of the notice period
• Incorrectly serving the notice
• Accepting rent after termination
• Using vague or confusing language
• Failing to comply with eviction procedures
• Relying on verbal termination
• Filing too early
Because the court’s jurisdiction depends on a valid termination of tenancy, landlords must strictly follow statutory requirements. If a lease is improperly terminated, or if a property owner fails to strictly follow the eviction process, it is almost certain that an eviction case will be dismissed, resulting in substantial delays.
When to Consult an Eviction Attorney
Because eviction law is technical and Minnesota courts scrutinize termination notices closely, landlords should consider legal assistance whenever they intend to terminate the tenancy of a guest or family member. Attorney John E. Roach has assisted hundreds of landlords and property owners in Minnesota and is experienced in all of the nuances of tenancy termination and eviction representation.
If you are a Minnesota landlord facing difficulties with a guest, family member, or other at-will tenant or need assistance preparing or serving a termination notice, Roach Law PLLC provides experienced guidance in landlord-tenant matters throughout Minnesota. Proper legal advice helps ensure that the termination process is lawful, enforceable, and positioned for success should an eviction action become necessary. Schedule a free consultation using our online booking form, or call Attorney John E. Roach directly at 651-468-2103.