Minnesota Eviction Laws Regarding Family Members Explained

The Minnesota Eviction Process Explained

A landlord who wants to evict a tenant generally has to follow the same legal steps. Even if they have a very good reason for wanting to evict a tenant, following a specific procedure is critical. If the tenant raises an issue in court, a judge will make sure a landlord has met every requirement of the law to even be able to consider the eviction case. In Minnesota, the law that describes how the eviction process works is called the Residential Eviction Act. It is found in Minn. Stat. §§ 504B.01 – 504B.601.
The Residential Eviction Act describes who qualifies as a tenant and how landlords can legally evict tenants. First, a tenant is someone who resides in residential real estate (land and any buildings on it) in exchange for giving that real estate owner either money or something else. Money is the most common payment, but in some situations, a person may not pay rent, but provide non-monetary consideration, such as working on the property or providing household services.
If the tenant pays the landlord, the lease is a "financial" lease. If the tenant does not pay the landlord , the lease is a "non-financial" lease. All of the legal requirements of the Residential Eviction Act apply to both types of leases. In addition, if the tenant resides on the property without the permission of the landlord, the tenant is essentially a squatter. Squatters have no right to live on the property, but the squatter may have the ability to force the landlord to follow all the legal requirements of the Residential Eviction Act.
Minnesota law gives certain rights and legal protections to tenants: a tenant can be evicted after receiving proper advance notice or authority from a court. These legal protections differ from ordinary guests to members of the household and to the extent the landlord and tenant agree in a written lease.
There is no single form of lease in Minnesota. There are many different kinds of residential leases, including leases with a definite end date or indefinite leases. A lease can also be written or verbal. While having a written lease avoids many issues that come up when a dispute arises, such as whether a lease is for one year or just one month, the failure to use a written lease does not completely eliminate a landlord’s ability to evict someone.

Legal Reasons for Evicting a Family Member

Legal Grounds for Evicting Family Members in Minnesota
When it comes to evicting family members, the grounds for doing so can be a bit different than for other types of tenants. Here are some of the most common legal grounds that can be used:
Failure to Pay Rent: Just like any other tenant, family members are required to pay the agreed-upon rent in full and on time. If they do not, you can give them a notice to quit, giving them a specific period of time in which to bring the rent payments up-to-date or vacate the property.
Violation of Lease Provision: If the family member has violated a lease provision, you can give them a notice to quit for such violations. For example, if the lease provisions specify that overnight guests are not allowed, and when you arrive home from work you find that your brother has moved in, you can give him a notice to quit for that violation.
Destruction of Property: If the family member is deliberately causing damage to property in your own home, you do have legal grounds to evict that person. You could deliver a notice to vacate based on property damage that requires you to conduct repairs related to that damage.
Engaging in Illegal Activity: Family members are also legally obligated to refrain from illegal activity while residing in their "home." Any illegal activity by your brother-in-law, who is renting from you, can be grounds for eviction. Illegal activity includes using illegal substances, theft, assault, vandalism, and domestic violence.
If you want to evict a family member with whom you have an informal landlord-tenant relationship, be sure to follow the same procedures you would follow for any other tenant. For example:

Notifying a Family Member About Eviction

Notifying of Eviction – This requires following the same procedure as any other notice and must be in writing. You may not simply tell your family member they must move out. Formal legal notices are required.
Notice to Vacate – Minnesota law requires you to give satisfactory notice to your family member. A satisfactory notice means generally 30 days from the end of a month in most residential leases. However, if your lease says something different, you will have to give the required notice according to the lease. In addition, you must provide the same type of notice to your family member as you would to any other tenant.
Notice Requirements – There are many different notices that can be used to terminate a periodic lease. Minnesota law provides a mandatory form for a notice to vacate for all rental situations (including month-to-month, week-to-week, or at will). However, if a lease is in writing and specifies a different notice requirement, that notice must be used because it becomes part of the lease.
Timing – The timing for a notice to vacate varies depending on what is agreed to between the parties. As with any other landlord-tenant relationship, an owner can set the amount of time required before a tenant must vacate. If the lease is silent as to notice requirements, the statutory notice periods apply, and the notices are due 3 to 30 days prior to the end of a monthly lease.
Form of Notices – An eviction notice must be in writing and must be served on the person to be evicted. The importance of service is that it gives the tenant direct notice that the landlord has given them an eviction notice and is seeking their departure. A written notice is different from just telling someone they must leave. It makes an official record that the notice was given and is a good evidence that the landlord is serious about terminating the tenancy.

Finding Legal Exceptions

It should be noted that there are, in fact, some exceptions to the general rule outlined above. Minnesota Statute §485 A.02 governs commencement of proceedings and in that statute it deals with the right of occupancy of family members. It states: The general term "family" is defined in the statute as "parents, children, spouses, persons in a domestic relationship, and foreign nationals and other aliens." It also points out that a relative by blood may also be covered. The law goes on to say that a person shall not be removed from the premises except for good cause. Courts have interpreted the "good cause" standard to be akin to the landlord/tenant standard of good cause, which includes non-payment of rent or expiration of lease as appropriate bases for eviction . If, for instance, your adult child has not paid the agreed upon rent, or there is no longer an agreement, and/or they are no longer a family member (i.e. they moved their spouse/girlfriend/fiancé into the apartment) then you might have the grounds to evict them. Additionally, the legal concept of equitable estoppel may apply as well. This occurs when the adult child (or other family member) acts to his or her detriment based on your representations. If you allow them to stay without the payment of rent, and they proceed to rely on your representations to them over a long period of time and it would place an undue burden on them to now demand payment of rent, a court may find that you should be required to continue the arrangement.

Effect on Familial Relationships

Evicting a relative can have a devastating impact on a family. Unfortunately, family members are often forced to turn to eviction as a possible solution to cohabitation problems. The Minnesota Attorney General’s Office advises that it is best to consider the pros and cons of going through with an eviction prior to filing a case in Housing Court. Specifically, the AG’s office indicates that, "If you can resolve the matter amicably, or even through mediation, that is preferable to an eviction, which may only worsen the situation."
An eviction is often seen by the individual being evicted as simply a betrayal. Such feelings can lead to long lasting hostility within families. On a micro level, hostility and resentment can even lead to increased criminal activity against the evicting family member.
The process of filing for an unlawful detainer and subsequent court appearance has the potential to heighten tensions and increase hostilities between evictor and evictee. The filing of a Complaint to Evict creates an opportunity for the parties to engage in negotiation and resolution through the Housing Court process. For that very reason, eviction is not the ideal solution to family problems. Mediating the conflict, or coming to an agreeable resolution outside of the housing court, is integral to resolving the conflict in a family context.

Law Help and Resources

Evicting a family member in Minnesota can involve serious legal ramifications and challenges to overcome. This is why it is so important that you consult an experienced lawyer when contemplating the process. A lawyer may help you better understand the legal aspects of eviction and avoid actions that could cause serious legal problems and complications for you as a landlord. Also, it is helpful to have an attorney review your lease and tenant applications.
There are several resources that help tenants in Minnesota. Like many other states, the Legal Aid Society of Minnesota provides free and low-cost legal assistance to qualifying low-income residents. Its Minnesota Legal Services Online website provides information related to issues such as housing discrimination, finding affordable housing, paying rent, evictions , landlord responsibilities, and tenant responsibilities. Minnesota CLE also provides a Practical Guide to Eviction Proceedings in Minnesota that includes information for landlords who wish to file evictions in district court.
Legal Aid of Minnesota only serves low-income residents of Minnesota. If you do not qualify for assistance through Legal Aid, a list of pro bono (low-cost) and free legal services in Minnesota can be found online.
Another extremely valuable resource for landlords is the Minnesota Multi Housing Association, which on its website hosts a Forum for members to ask questions of one another and post notices related to vacancies in communities. The Association also has guides and other publications on various legal issues for landlords, as well as spelled-out processes related to screening tenants, showing units, and more.