Minnesota HOU102: Eviction Action Complaint

See Instructions (HOU101) for help in filling out this form. Fill in County of, Court File Number and Judicial District.

Fill in Name, Address and City, State, Zip for Plaintiff #1 (Landlord), Plaintiff #2 (Landlord), Defendant #1 (Tenant) and Defendant #2 (Tenant).

Check box if the leased or rental property qualifies as “public housing” as that term is used in Minn. Stat. § 504B.268, subd. 1.

Check box if the tenancy is affected by a federal or state housing subsidy program through project-based federal assistance payments, the Section 8 program, as defined in Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other similar program. Name of agency that administers the housing subsidy program.

Check box if there are more than two plaintiffs or more than two defendants. List the information for the other parties on the Additional Litigants Form, HOU125.

If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney in a public housing eviction case that alleges breach of lease under Minn. Stat. §§ 504B.171 or 504B.285.

1. Rental Agreement (Lease): Landlord leased or rented the property located at: Address, Apartment #, City, State, Zip and County.

Check Includes a garage or Does not include a garage.

Enter the date of the agreement for the property, beginning from (date), and ending (date), and check ORAL or WRITTEN. The agreement is for: (check all that apply)

Check Payment of Rent. Enter the current rent due and payable under this agreement each month in $ and the day of the month it is due.

If the agreement is for Exchange of Services, check Exchange of Services and explain in detail the agreement for exchange of services.

2. Notice of Right of Possession by Landlord for Residential Leases: Landlord having present right of possession of the residential property has followed Minn. Stat. § 504B.181 by: (you must check either A and B, or C)

Check a, Informing the Tenant, either in the rental agreement or otherwise in writing, before the beginning of the tenancy, the name and address of: The person authorized to manage the property; AND A landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands; AND

Check b, Posting in an obvious place on the property a printed or typewritten notice that includes the information in a. Explain where the notice is posted.

Or check c, The Tenant knew of the name and address of the person authorized to manage the property and accept and give receipt for notices and demands, at least 30 days before the filing of this action, because:

3. Grounds for Eviction: Landlord seeks to have the Tenant evicted for the following reasons: (check all that apply)

Check a, The Tenant is still in possession of the premises and has failed to pay rent for the months of, in the amount of $ per month, payable on the day of each month, for a total due of $.

For Residential Leases Only: A written notice pursuant to Minn. Stat. § 504B.321 subd. 1a was served on Tenant (date), which was at least 14 days before filing this eviction complaint.

The written notice, along with a detailed, itemized accounting or statement listing the amounts due, is attached.

Check b, The Tenant failed to vacate the property after written notice was given: (check all that apply)

Check Landlord gave written notice to Tenant on (date) to vacate the property by (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate.

Check Tenant gave written notice to Landlord on (date) that they would vacate the property by (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate.

Check c, The Tenant has broken the terms of the rental agreement by the following: (Explain, in detail) The specific clause of the agreement that was violated; The dates and description of what happened that violated the agreement; and Which section of the agreement gives the landlord the right to evict tenant for breaking the terms of the rental agreement.

Check d, The Tenant has breached the covenants as stated in Minn. Stat. § 504B.171 by: (Explain, in detail, what happened including dates.)

Check e, The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's sale. The Redemption period has expired, and Plaintiff is entitled to possession.

Check f, The Tenant defaulted on a Contract for Deed and is holding over after proper cancellation of the contract.

5. Enter Tenant #1 date of birth and Tenant #2 date of birth, or check Unknown. 6. Military status for Tenant: check is in the military service, is not in the military service or Unknown for Tenant #1 and Tenant #2. If a tenant is a business, leave this section blank for that tenant.

You declare under penalty of perjury that everything you have stated in this document is true and correct. Minn. Stat. § 358.116.

Enter the Date, Signature, County and state where signed, Name, Address, City, State, Zip, Phone and Email.