Landlords & Tenants
Evicting a Tenant - Unlawful Detainer Action - MN Statute 504B
Important: This is only a general outline of important steps. Consult Minnesota Statute or an attorney to ensure your eviction is handled in a proper legal manner. Visit Quick Links for the Attorney General's Office and go to Landlords & Tenants section.
Step 1 - Obtain Eviction Summons and Complaint from Court
Washington County Court Administration
14949 62nd St. N.,
Stillwater, MN 55082
You may bring your Evictions Summons & Complaint to the Sheriff's Office Civil Division for service. There must be 14 days before the court date. Fee is $65.00 per person.
Step 2 - Writ of Recovery of Premises
This document is received from Court Administration after your court hearing (Summons). This document gives the Sheriff's Office permission to remove the defendants & restore possession of the premises to the plaintiff. This document must be brought to the Sheriff's Office for service/posting and gives the tenants 24 hours to vacate from the time the document is posted/served). Fee is $65.00.
Step 3 - Lockout
*Only the Sheriff's Office can remove tenants*. If the tenants refuse to leave after the 24 hours noted above, you must call the Sheriff's Office and schedule an eviction/lockout. At the scheduled date/time, you will meet a deputy at the property. It is at this time you can change the locks and take an inventory of all items remaining in the home. You must provide a copy of this inventory to the deputy. Fee is $75.00 per hour.
**Note: If the tenants leave the property within the 24 hours, you do not need to contact us for a lockout.
A landlord, who intentionally locks out a tenant, removes doors or windows, turns off the gas, electric or water without following this process, may be charged with the misdemeanor of “Unlawful Ouster” (Minnesota Statute 504B.225 and Minnesota Statute 609.606).