What Happens in a Dakota County Eviction?
Evictions in Dakota County, Minnesota: What Landlords and Tenants Need to Know
Navigating an eviction in Dakota County, Minnesota, can be stressful and confusing—whether you're a landlord trying to recover possession of a rental unit or a tenant facing the possibility of losing your home. This guide explains how the eviction process works in Dakota County, your rights and responsibilities, and how to seek help if needed.
What Is an Eviction?
In Minnesota, an eviction (also called an unlawful detainer) is a legal action a landlord files to remove a tenant from rental property. Landlords cannot legally evict a tenant without going through the court process—even if rent is unpaid or lease terms are violated.
Common Legal Grounds for Eviction
In Dakota County, landlords may file for eviction for several legally recognized reasons, including:
Nonpayment of rent
Violation of lease terms
Illegal activity on the premises
Holdover tenancy (when the lease ends and the tenant doesn’t move out)
Most commonly, landlords can evict tenants when the tenant fails to pay rent. Minnesota has imposed statewide rules governing evictions for nonpayment, and it is important that landlords follow these procedures.
Step-by-Step Eviction Process in Dakota County
1. Notice to the Tenant
Minnesota law may require landlords to give a written notice before filing an eviction, depending on the reason. For example:
Nonpayment of rent: In Dakota County (and statewide), landlords must now give tenants a 14-day written notice before filing for eviction due to nonpayment of rent (Minn. Stat. § 504B.321, subd. 1(c)).
Lease violations or other grounds: A written notice is sometimes required, but the notice period and format can vary depending on the lease and violation type.
2. Filing the Eviction Complaint
The landlord files a complaint in Dakota County Court, which is part of the First Judicial District. The complaint must include:
Grounds for eviction
A copy of the lease, if available
Details of any required notices sent to the tenant
A ledger of any amounts due under the lease, if the eviction is for nonpayment of rent
3. Court Hearing
An eviction hearing is typically scheduled about 14 days after filing. The landlord must then serve the tenant with a Summons as well as the Eviction Complaint, the former of which informs them of the court date.
Tenants have the right to appear, present evidence, and request more time or contest the eviction. If the tenant fails to appear, the court may enter a default judgment.
4. Court Decision
The judge may:
Dismiss the case (e.g., improper notice or lack of legal grounds)
Issue a judgment for eviction
Postpone the case if either party requests more time or raises legal defenses
If the court rules in favor of the landlord, a Writ of Recovery is issued.
5. Enforcement
The writ is served by the Dakota County Sheriff's Office, which gives the tenant 24 hours to vacate. If the tenant doesn’t leave, the sheriff may forcibly remove them.
Tenant Defenses to Eviction
Tenants facing eviction in Dakota County may have valid legal defenses, such as:
Improper or missing notice
Landlord failed to maintain the property (habitability issues)
Retaliation
Discrimination
Proof that rent was paid or a payment plan was negotiated
If you’re a tenant, it's important to appear at all hearings and if possible, retain experienced legal counsel to represent you in the case.
Mediation and Rent Assistance
In Dakota County, the court often will encourage mediation to resolve disputes without a full eviction. In some cases, landlords and tenants can agree on payment plans, move-out dates, or other resolutions.
Tenants can also apply for emergency rent assistance or contact legal aid services.
Eviction Expungement in Dakota County
An eviction case—even one that was dismissed—can appear on a tenant’s record. However, you may qualify for expungement (removal from public court records), especially if:
The case was dismissed
You settled the case or paid in full
The eviction happened several years ago
A motion must be filed with the court, and a judge will decide whether to grant expungement based on several factors.
How a Lawyer Can Help
Whether you’re a landlord needing to evict a tenant lawfully, or a tenant fighting to keep your housing, an experienced housing attorney can make a significant difference in fighting for your rights and helping your navigate the process as smoothly as possible. At Roach Law PLLC, attorney John E. Roach represents both landlords and tenants in Dakota County, providing strategic advice and courtroom advocacy to help resolve eviction matters quickly and fairly.
Evictions in Dakota County are governed by specific laws and court procedures designed to protect both landlords’ property rights and tenants’ housing stability. Acting without legal guidance can result in costly mistakes—so it’s critical to understand your rights and take the proper legal steps.