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Eviction and writ of recovery


An unlawful detainer action is required to evict an occupant. Eviction actions are regulated by Minnesota Statutes Chapter 504B.

The Minnesota court system provides instructions for an eviction action. Eviction action instructions (PDF) View.

The property owner (plaintiff) must file an eviction action complaint in housing court. The court will establish a court hearing date and issue a summons. The summons and complaint must be served by a neutral person at least 7 days before the court date.

To have us serve the eviction summons and complaint, bring the original documents and a copy for each person named in the complaint. The sheriff’s office will not make copies for you. You must pay the $80 fee when you request this service.

After service, or posting if unable to serve after 2 attempts, the sheriff’s office will:

  • Complete the appropriate affidavits
  • E-file the documents with the court

Writ of recovery

If the court finds for the plaintiff, it will issue a writ of recovery of premises and order to vacate.

Bring that writ to the sheriff’s office and pay the $125 service fee. A deputy will serve or post the writ. The writ notifies the occupant(s) to vacate and remove their property within 24 hours. Three days after presenting the writ to the sheriff’s office, you may call us to schedule an eviction.

When scheduling an eviction with the sheriff’s office, you must tell us:

  • The name and phone number of the representative attending the eviction on behalf of the plaintiff
  • Whether you will do on-site storage or use a licensed and bonded mover. It's your responsibility to follow the laws regarding property storage and the movement of property.

If the property owner or representative fails to appear at a scheduled eviction

You must pay an additional $100 fee before we will schedule another eviction time.

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