Most residential leases in Minnesota include more than just the main rental agreement. Leases typically include addendums, or additional terms covering things like guest policies, background screening, smoking rules or conduct standards.
Many addendums are routine and rarely cause problems. Others can create grounds for eviction if violated.
The Eviction Process After an Addendum Violation
- Notice – The landlord serves written notice alleging a lease or addendum violation.
- Filing – If the issue is not resolved, the landlord files an eviction action in Housing Court.
- Service and Hearing Date – The tenant is formally served with court papers and a hearing is scheduled.
- Court Hearing – If the tenant appears, the landlord must prove the alleged violation before a judge.
- Court Order – A tenant may only be removed if the court grants an eviction order.
A landlord cannot just remove you for violating a lease addendum. They have to file an eviction case in court and get a judge’s approval. If that happens, you either move out or show up in court and tell your side of the story.
Lease Addendums That Most Often Lead to Eviction Disputes
Crime-Free and Criminal Activity Clauses
Many leases include “crime-free” language. This can allow a landlord to start eviction proceedings if a tenant, household member or guest is accused of certain criminal activity.
These cases can be serious. Even so, if the landlord files in court, they still have to prove a lease violation.
Guest and Unauthorized Occupant Clauses
Most leases limit how long guests can stay or require approval before someone moves in. If a partner or roommate moves in without being added to the lease, that can count as a violation.
If the guest leaves after notice, that may help. If they stay, the landlord may move forward with eviction.
Smoking and Substance Rules
No-smoking policies are common, especially in apartments. If smoking violates the lease, the landlord can issue a notice.
Stopping the behavior may reduce the likelihood of eviction, but repeated complaints make it more likely.
Nuisance or Conduct Clauses
Leases often prohibit excessive noise, threats or behavior that disturbs other tenants.
One noise complaint may not lead to eviction, but ongoing problems are more likely to result in court action.
Are All Addendum Violations Grounds for Immediate Eviction?
No. A landlord cannot just remove you because a lease clause was violated. They have to file an eviction case in court.
If that happens and you show up at the hearing, the landlord has to explain what rule was broken and prove it to a judge.
Some violations are easier to fight than others. Ongoing issues that can be fixed are usually different from one-time events that already happened.
Even in serious situations, a landlord still has to follow the legal process to remove a tenant.
Is the Violation Curable?
Some addendum violations can be corrected. For example:
- Removing an unauthorized occupant
- Stopping smoking in a non-smoking unit
- Ending disruptive behavior
Fixing the issue after notice may reduce the risk of eviction.
Other situations, such as alleged criminal activity, serious damage or threats, may not be as easy to “undo.” But if an eviction case is filed and you appear in court, the landlord still has to prove the violation.
Repeated violations are usually treated more seriously than a first-time issue.
When Enforcement Becomes an Issue
Landlords are not allowed to evict someone just because they asked for repairs or exercised their legal rights. Retaliation and discrimination are against the law in Minnesota.
But lease addendums do expand the list of things that can count as violations. Something that feels minor, like a guest staying too long or a smoking complaint, can turn into a bigger issue if the landlord decides to enforce the lease strictly.
When to Seek Legal Guidance for an Eviction Notice
The consequences of eviction aren’t just temporary inconvenience. Evictions are filed in District Court, and the records appear in the Minnesota Judicial Branch’s public case records system, which many landlords check before renting to someone. A record of evictions can make it harder to rent in the future.
If you are dealing with a lease addendum dispute or an eviction notice in Minnesota, speaking with a housing attorney may help you figure out your next step. A referral counselor at the Minnesota Lawyer Referral and Information Service (MNLRIS) can help connect you with a qualified attorney for advice or representation.
Call (612) 752-6699 or use our self-referral tool to get started.
