Minnesota Cold Weather Eviction Rule - Myths & Realities

The Minnesota 'Cold Weather Rule' and Evictions: Myths and Reality

In Minnesota, winters aren't just a season—they are a matter of public safety. Every year, a common rumor circulates through rental communities: "You can't be evicted in the winter."

I often have landlord clients that come to me operating under this mistaken belief, potentially costing themselves thousands in unpaid rent. As a landlord-tenant attorney, I see the fallout of this myth each year. Tenants stop paying rent thinking they are protected, and landlords hesitate to enforce leases because they are unsure of the law.

Myth #1: The "Cold Weather Rule" stops evictions.

Reality: The Cold Weather Rule (CWR) is a utility regulation (MN Statute § 216B.096). It prevents utility companies from shutting off your heat between October 1 and April 30. It does not prevent a landlord from filing an eviction action for non-payment of rent.

Myth #2: Landlords can't evict if it's below freezing.

Reality: Minnesota law has no temperature threshold for a Sheriff to execute a Writ of Recovery. Once the 24-hour notice expires, the lockout can proceed regardless of the weather.

Myth #3: No rent payment means no heat responsibility.

Reality: Landlords must provide heating that maintains a minimum temperature of 68°F. Failure to provide heat is a breach of the covenant of habitability, allowing tenants to file an Emergency Tenant Remedy Action (ETRA) or a rent escrow action.

Cold Weather Realities

• 14-Day Notice: Landlords must provide a written 14-day notice before filing an eviction for non-payment of rent. Many municipalities require longer notice.
• Emergency Assistance: There are emergency utility and rent assistance programs available for many tenants that can offset their rent or utility costs.

Need Help With An Eviction?

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