Full question:
Landlord served us papers typed by them stating "They are termination our tenancy.This constitutes a proper 30 day notice to "vacate" the property located @... on or before... It's not on a legal form from the courts. Is "Vacate" mean the same as "Evict" if so, doesn't this have to be done by the courts on a legal form and a court date set by the judge? If "Vacate" means the same as "Evict" does that also have to go through the courts and on a legal court form.
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Minnesota
Answer:
In Minnesota, the terms "vacate" and "evict" are related but not identical. When a landlord gives a notice to vacate, it means they are informing the tenant that they must leave the property by a specified date. This notice is a legal requirement and can be issued without a court form, as long as it meets the notice period specified in the lease or state law.
Eviction, on the other hand, is a legal process that must go through the courts. A landlord cannot forcibly remove a tenant without a court order. The eviction process typically involves filing a complaint with the court, serving a summons to the tenant, and attending a court hearing. If the court rules in favor of the landlord, they will issue an order for the tenant to vacate the property.
In summary, while a notice to vacate can be issued by the landlord, an eviction requires a court process (Minn. Stat. § 504B.135, 504B.285).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.