The Eviction Process (Unlawful Detainers)

A Guide to Filing an Unlawful Detainer Action Involving Residential Property in Stearns County

Unlawful Detainer Summons and Complaints are filed with the Stearns County Court Administrator's Office. A Deputy Clerk in the Service Center of the Court Administrator's Office is available to answer your questions. This document explains the procedure involved in unlawful detainer actions. Note that the information contained here is NOT legal advice. If you do not understand this material, you are advised to consult an attorney.

What is an Unlawful Detainer?

An unlawful detainer is a court action which determines who has legal right to possession of certain real property.

Reasons for Bringing an Unlawful Detainer Action

The most common cause for an unlawful detainer action is non-payment of rent. Other instances that may prompt an unlawful detainer action are:
  • Tenant's failure to vacate after proper notice has been received or after the lease has expired;
  • Violation of the terms of a lease which provides for eviction;
  • Cancellation of a Contract For Deed; or
  • Foreclosure of a mortgage
    • An unlawful detainer action is to recover real property; it is NOT intended to recover back rent. If the amount of rent owing falls within the monetary jurisdiction of Conciliation Court, you may wish to start an action there. If the amount exceeds the jurisdictional limit of that court, you must bring your action in the Civil Division of the District Court (you may want to see an attorney before commencing a suit).

    When / Where are Unlawful Detainer Cases Heard?

    Unlawful detainer cases are heard by the court at the Stearns County Courts Facility. The hearing date must be set seven to fourteen days after the complaint is filed. You are given a hearing date when you file your complaint with the court administrator.

    Filing an Unlawful Detainer Complaint

    In almost all unlawful detainer cases, it is the landlord who brings the action against the tenant. The landlord's first step is to file a complaint. The complaint must be initiated by an owner of the property, by an attorney who represents the owner, or by a person entitled to possession of the property. An owner may designate an agent to commence, maintain or conduct an action by attaching a Power of Authority to the complaint and filing it with the Court. No agent may conduct a jury trial or appear before the Appellate or Supreme Court on an appeal.
    You can file an unlawful detainer complaint in this court only if the property in question is located in Stearns County.
    You will need to file the original complaint, a copy for the named plaintiff, a copy for EACH named defendant plus one additional copy for the court. If the complaint involves a written lease, it would be helpful to the court if you attached a copy of the lease. The fee for filing an unlawful detainer complaint is listed on our Fees page.
    Complaint forms are available in the Court Administrator's Office or may be purchased at stationery stores that handle legal forms.

    Compliance with Minnesota Statute 504.22

    The law according to Minnesota Statute 504.22 requires that you advise the tenant of the following in writing and post in a conspicuous place in the building:
      • Name and address of the person authorized to manage the premises.
      • Name and address of the owner of the premises or the agent authorized to collect rent, accept service of process and receive and give receipts for notices and demand.
    If you have not complied with this law, your complaint may be dismissed unless you can prove that the tenant has had actual knowledge of this information for at least 30 days before you filed the complaint. You must indicate on the complaint form that you have complied with this law, and be prepared to prove the statement.

    The Complaint Form

    The correct terms of the lease, if there is one, must be clearly presented in the first part of the complaint form. You MUST know the following:
    1. The appropriate date the tenant entered into the lease agreement or took occupancy;
    2. Proper, complete address of the Plaintiff(s) in question
    3. Proper, complete address of the Defendant(s) in question;
    4. Length and terms of the lease, or if tenancy is "month-to-month;"
    5. Specify your reason(s) for wanting the tenant evicted.
    Your Hearing
    • Prepare for your case prior to going to court by organizing your thoughts and making some notes. This will help both you and the judge.
    • Upon arriving at the Courts Facility, proceed to Room 113. Ask which courtroom your case will be heard in, and proceed to that courtroom.
    • Listen carefully for your case to be called. When it is, step up in front of the judge.
    • All parties will be sworn in by the Courtroom Deputy.
    • The defendant in the case will be asked if he/she admits or denies the allegations. At this point, either party may request a court trial or a jury trial. The law requires the trial to be held within 10 days unless there is agreement to a later time.
    • Be brief and to the point. Have your evidence organized before you speak. Confine your testimony only to the matter listed in the Complaint.
    • Do not interrupt the other party. You will be given time to respond to the other party's testimony.
    • Show respect for the Court.

    The Court Decision

    Once a decision is made, the judge will sign a document entitled Findings of Fact, Conclusions of Law and Order for Judgment directing the judgment be entered in favor of the rightful party.
    • If the defendant wins, no further action is taken.
    • If the plaintiff wins, you may ask the judge for a Writ of Restitution.

    A Writ of Restitution (Minnesota Statute 566.17)

    A Writ of Restitution is a legal order commanding the defendant to vacate the premises identified in the complaint.

    If the defendant can prove substantial hardship to the judge, the Writ may be stayed for up to seven days. Once the Writ has been served by the Sheriff of Stearns County, the defendant has 24 hours to vacate the premises. It must be served by the Sheriff who will charge you a fee for this service. The Sheriff may serve the Writ upon the defendant personally, or, if that is not possible, he may post the Writ in a conspicuous place.

    Execution of the Writ of Restitution

    If the defendant fails to comply with the Writ, the plaintiff should notify the Sheriff. The personal property of the defendant may be removed and stored in a bonded warehouse at the expense of the plaintiff. You may also store the personal belongings on the premises after doing a complete inventory with the Sheriff. The defendant has 60 days to redeem the stored property. To redeem it, he must pay for the moving and storage costs. If unclaimed after 60 days, the property may be sold at a public sale. The proceeds are then applied to the moving, storage, and related expenses incurred.

    The information contained in this document is not legal advice. If you need further explanation of this material, you are advised to consult an attorney.

    If you need further assistance to proceed with your case, the following numbers are provided:

    Minnesota Tenants Union (612) 871-7485
    St. Paul Tenants Hotline (651) 221-0501
    Minnesota Housing and Redevelopment Authority (612) 458-0936
    Court Administration Civil Division (320) 656-3620
    St. Cloud Housing and Redevelopment Authority (320) 252-0880