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An Unlawful Detainer Action is required in order to evict a tenant from a rental property. Minnesota State Statutes Chapter 504B regulate these actions.
To commence an Unlawful Detainer Action, the property owner must file a complaint with the Sherburne County Court Administrator:
Sherburne County Govt Center
ATTN: Sherburne County Court Administrator
13880 Business Center Dr NW
Elk River, MN 55330-4668
When a complaint has been filed, the Court Administrator will set a court date, issue a summons and provide the plaintiff with enough copies of the summons and complaint to serve each defendant. If the tenant has unknown parties living on the premises, the plaintiff can list John Doe, Mary Roe, etc. as additional defendants. The summons and complaint must be served on each tenant/defendant no less than seven days before the court date, exclusive of the court date. The service must be made by a third person who is not part of the court action. A notarized Affidavit of Service must be filed with the Court Administrator before the date of the court hearing.
The Sherburne County Sheriff’s Office Civil Division can serve the papers on the tenant/defendant. The original summons, plus copies of the summons and complaint for the defendants should be delivered to the address listed to the left, as soon as the plaintiff receives them.
The Sheriff’s Office will attempt to serve the papers on at least two different days; one day before 6:00 pm and one day after 6:00 pm. If the deputy does not find the defendants at home on either attempt the deputy will post the summons and complaint on the door of the premises involved in the action. If the deputy posts the notice you will be contacted by the Sheriff’s Office and informed that the service was posted If the service is by posting, the plaintiff is required to mail a copy of the Summons and Complaint to each defendant by first class mail. The plaintiff must also complete and file a notarized Affidavit of Mailing with the Court Administrator.Affidavit of Mailing
The Sheriff’s Office will complete the appropriate Certificate of Service or Eviction Posting and the original Summons and Certificate of Service/Posting will be filed with the Court Administrator’s office by the Sheriff.
An eviction is a court action that determines who has a legal right to possess certain real property. The eviction is not intended to recover unpaid rent. If a judge finds in favor of the plaintiff at the hearing, a Writ of Recovery of Premises and Order to Vacate will be authorized. This is an order for the Sheriff to restore the premises to the plaintiff. The Writ must be taken to the Sherburne County Sheriff’s Office Civil Division for service. The Writ is valid for only 30 days. The plaintiff should not delay in presenting the Writ to the Sheriff. A deputy will serve the Writ on the defendants if they are home or it will be posted on the door of the premises. In either case the defendants are provided with a 24 hour notice which advises that the Sheriff can remove the defendants 24 hours after the posting or service.
If the defendants fail to vacate the premises, the plaintiff must contact the Sherburne County Sheriff’s Office Civil Division to schedule an eviction.