Notice to Vacate
A written notice from a landlord telling a tenant they must leave the rental property by a certain date.
A notice to vacate is a letter from your landlord saying you need to move out by a specific date. This is not the same as an eviction. It is the step that comes before an eviction case can be filed in court. If you get a notice to vacate, it means the landlord is starting the process, but you have not been taken to court yet.
In Minnesota, the amount of notice your landlord must give depends on your lease. For month-to-month tenants, the landlord must give at least one full rental period of notice. For example, if you pay rent on the first of each month, a notice given on March 15 would not take effect until May 1. As of 2024, Minnesota law also requires landlords to give a 14-day written notice before filing certain eviction actions. This gives tenants a chance to fix the problem or make other plans before court gets involved.
A notice to vacate must be in writing. A verbal warning from your landlord is not enough to start an eviction. If you receive a notice to vacate, read it carefully and note the date you are told to leave. You may want to talk to a legal aid organization about your options.
Why it matters: Getting a notice to vacate can be scary, but it is not an eviction order. You still have time and legal rights. Understanding the required notice periods helps you know whether the landlord followed the rules, and gives you time to plan your next steps.
Example: James rents an apartment in Minneapolis on a month-to-month basis, paying rent on the first of each month. His landlord wants him to move out. The landlord must give James written notice at least one full rental period ahead of time. If the landlord gives notice on April 10, James does not have to leave until June 1. If the landlord tries to file an eviction without giving proper notice, James can raise that as a defense in court.
When a landlord wants a tenant to move out, or before an eviction case is filed in court