Legal Question in Real Estate Law in Minnesota

Re: Notice to Vacate

Disclaimer: This response is for general information purposes only and does not create an attorney-client relationship. It is not intended to be a substitute for a consultation with an attorney of your choice, which I highly recommend.

Response: From what you say, it appears that you gave a valid notice terminating your month to month lease. This having been done, I am somewhat mystified as to what the unlawful detainer is about. Usually an unlawful detainer is a court proceeding for the purpose of getting an order removing a renter from the property. If you were about to leave or are already gone, the landlord doesn't need to do an unlawful detainer.

One possible additional reason (and a poor one if not combined with a need to remover somebody) for the unlawful detainer would be an attempt to collect unpaid rent. Besides asking for an order to remove the tenant, a landlord can ask for a judgment for unpaid rent in one of these proceedings. Without knowing more about what the unlawful detainer papers say, all I can suggest is that you should not ignore the papers. If they notify you of a hearing, be sure to attend the hearing. If the papers claim unpaid rent or other money damages, and if you have defenses to those claims, a formal written response should be done - and you would be well advised to have a lawyer help you with that. Doing nothing on the theory that the papers were served late and don't count would be a very bad idea.