Housing & Eviction Forms

The Minnesota Judicial Branch provides free forms for housing-related court matters including eviction actions, tenant answer forms, rent escrow, and housing disputes. All forms link to the official Minnesota courts website and are kept current by the Judicial Branch.

Before You File or Respond

Where to file: Housing court cases (also called “unlawful detainer” actions) are filed in the district court in the county where the rental property is located.

Filing fees: Filing fees vary by county. Tenants filing a rent escrow or tenant remedies action should contact the court for current fee amounts. Fee waivers (In Forma Pauperis) are available if you cannot afford the filing fee.

Service of process: In eviction cases, the landlord must serve the summons and complaint on the tenant according to specific rules. Improper service can be a defense for the tenant.

Eviction (Unlawful Detainer) – Landlord Forms

Required Notices Before Filing

Before a landlord can file an eviction in court, they must first serve a written notice on the tenant. The type of notice and the required timeframe depend on the grounds for eviction.

Eviction Complaint and Summons

Download from mncourts.gov

Forms for landlords to start an eviction action. The complaint must state:

• The grounds for eviction (nonpayment, lease violation, holdover, etc.)
• The facts supporting the grounds
• That proper notice was given to the tenant

Affidavit of Service

Download from mncourts.gov

Proof that the eviction summons and complaint were properly served on the tenant. Proper service is essential – improper service can be a defense for the tenant.

Eviction – Tenant Response Forms

Tenant Answer to Eviction Complaint

Download from mncourts.gov

If you have been served with an eviction summons and complaint, you have the right to appear at the hearing and present your defenses. An answer form allows you to formally respond to the landlord’s claims before the hearing.

Common defenses to eviction include:

• The landlord did not give proper notice
• The landlord did not properly serve the eviction papers
• You paid the rent owed before the hearing
• The eviction is retaliatory (in response to your reporting code violations or exercising legal rights) ( Minn. Stat. § 504B.285 )
• The landlord failed to maintain the property in habitable condition ( Minn. Stat. § 504B.161 )
• The eviction is discriminatory (based on race, sex, disability, familial status, or other protected class)
• You are a victim of domestic abuse and the eviction is related to incidents of abuse ( Minn. Stat. § 504B.206 )

Motion to Vacate Default Judgment

Download from mncourts.gov

If a default judgment was entered against you because you missed the eviction hearing, you may be able to ask the court to set it aside. You must show:

• Good cause for why you missed the hearing
• A valid defense to the eviction
• You must act promptly – file this motion as soon as possible

Rent Escrow

Rent Escrow Action

Download forms from mncourts.gov

If your landlord has failed to maintain the property in habitable condition, you may file a rent escrow action ( Minn. Stat. § 504B.385 ). In a rent escrow action:

1. You deposit your rent with the court instead of paying the landlord
2. You file a petition describing the conditions that need repair
3. The court holds a hearing where both parties can present evidence
4. The judge determines what repairs must be made and may:
   • Order the landlord to make specific repairs
   • Reduce the rent to reflect the reduced value of the property
   • Order a portion of the escrowed rent to be used for repairs
   • Appoint an administrator to oversee repairs

Before filing a rent escrow action, you should:

• Notify the landlord in writing about the needed repairs
• Give the landlord a reasonable time to make the repairs
• Document the conditions with photos, videos, and written descriptions
• Keep copies of all communications with the landlord
• Continue paying rent (deposit it with the court, not withhold it entirely)

Tenant Remedies Actions

Tenant Remedies Petition

Download forms from mncourts.gov

Tenants can seek court-ordered relief when a landlord violates tenant protections under Minnesota law ( Minn. Stat. § 504B.395 ). Remedies may include:

• Court-ordered repairs
• Rent reduction
• Damages for harm caused by the landlord’s violations
• Injunctive relief (court order requiring the landlord to take or stop specific actions)
• Attorney fees in some cases

Harassment Restraining Orders

Harassment Restraining Order Petition

Download forms from mncourts.gov

If a landlord, tenant, or neighbor is engaging in harassment, you can petition for a Harassment Restraining Order ( Minn. Stat. § 609.748 ). This is separate from an Order for Protection, which requires a domestic or family relationship.

Harassment includes:

• Repeated, intrusive, or unwanted acts, words, or gestures
• Acts intended to have a substantial adverse effect on safety, security, or privacy
• A single incident of physical or sexual assault

Filing fee: There is no filing fee for a Harassment Restraining Order.

The court can issue an emergency (ex parte) order on the same day you file. A hearing will be scheduled within 14 days for a full hearing.

Security Deposit Disputes

If your landlord has not returned your security deposit within the required 21 days ( Minn. Stat. § 504B.178 ), or has made improper deductions, you may:

1. Send a demand letter requesting the return of your deposit (see our demand letter template)
2. File a claim in conciliation court (small claims) for the return of the deposit plus bad-faith penalties
3. Contact HOME Line at 612-728-5767 for advice on your specific situation

Illegal Lockout or Utility Shutoff

If your landlord has illegally locked you out of your home or shut off your utilities:

• This is a violation of Minnesota law ( Minn. Stat. § 504B.225 )
• You may call the police to be let back in
• You can seek an emergency court order to restore your possession
• You may be entitled to damages, including a penalty of up to $500 plus actual damages
• Contact HOME Line or your local legal aid office immediately

Tips for Tenants Facing Housing Court

1. Act immediately when served. You have very little time to prepare in eviction cases. Seek legal help the same day you are served.
2. Bring evidence. Photos of property conditions, copies of rent payments, written communications with the landlord, and any notices you received.
3. Know your rights. Read our tenant rights guide before your hearing.
4. Ask about mediation. Many housing courts offer mediation, which may allow you to negotiate an agreement with the landlord.
5. If you owe rent and can pay it, bring the money to the hearing. In nonpayment cases, paying the rent owed before the hearing may resolve the case.
6. Understand the consequences of an eviction on your record. An eviction judgment can make it very difficult to rent in the future. If possible, negotiate to have the case dismissed or have the record expunged.

Tips for Landlords

1. Follow the proper legal process. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in penalties.
2. Give proper notice. The type and timing of notice depends on the grounds for eviction. Improper notice can be a defense for the tenant.
3. Document everything. Keep records of lease violations, notices, communications, and property conditions.
4. Understand your maintenance obligations. The covenant of habitability requires you to maintain the property in reasonable repair, regardless of what the lease says.
5. Follow security deposit rules. Return the deposit within 21 days with an itemized statement. Improper handling of deposits can result in penalties.

Additional Resources

• Minnesota Judicial Branch - All Housing Forms
• Minnesota Attorney General - Landlords and Tenants – comprehensive guide to rights and responsibilities
• HousingLink – rental housing search and resources

Tenant Eviction Defense in Minnesota