Evictions

When a complaint has been filed, the Court Administrator will establish 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 7 days before the court date, exclusive of the court date. The Summons is notice to the tenant/defendant that an action has been brought to restore possession of premises to the plaintiff (the landlord or mortgagee.) 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 Scott County Sheriff’s Office Civil Process Unit 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 Civil Unit as soon as the plaintiff receives them. There is a fee to serve Summons and Complaints.

Posting the Summons & Complaint on the Door of the Premises

If the Sheriff’s deputy does not find the defendants at home after making attempts on at least two different days, one day before 6 p.m. and one day after 6 p.m., the deputy will post the Summons and Complaint on the door of the premises involved in the Unlawful Detainer Action.

After the Attempt of Service & Posting on the Door

The deputy will complete the appropriate Affidavits and the original Summons and Affidavit will be filed with the Court Administrator’s Office by the Sheriff’s Office.

The plaintiff should mail a copy of the Summons and Complaint to each defendant by first class mail immediately after giving the original to the sheriff. The plaintiff must complete and file a notarized Affidavit of Mailing with the court administrator. If additional posting is required, the court file will be checked to ensure the Affidavit of Mailing is on file with the court at least 3 days before the hearing.

If the judge finds in favor of the plaintiff at the hearing, a Writ of Recovery of Premises will be authorized. This is an order for the Sheriff to restore the premises to the plaintiff (landlord or mortgagee).

Please note: Landlords cannot forcibly remove tenants. The sheriff must have a court order (Writ of Recovery of Premises and Order to Vacate) to remove a tenant. With a Writ of Recovery of Premises, the sheriff is empowered to use the force of the county and necessary assistance to remove the defendant, family and personal property and turn the premises over to the plaintiff.

For Service of the Writ

The Writ must be taken to the Scott County Sheriff’s Office Civil Unit located at the SW entrance of the Law Enforcement Center at 301 South Fuller Street in Shakopee. The Writ is only valid for 30 days so the plaintiff should not delay bringing it 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 will be provided with a 24-hour notice advising that the Sheriff can remove the defendant 24 hours after the Writ is served or posted.

If the defendant fails to vacate the premises, the plaintiff must contact the Civil Unit at 952-496-8320 to schedule an eviction. If the defendant cannot be found on site or if there is no person on the premises, the Sheriff can enter by breaking in if necessary.

When the eviction is scheduled, two options are available for storage of the defendants’ personal property.

1.  On-site storage for 28 days - If the plaintiff chooses to use on-site storage, deputies will remove the defendants and stand by until the plaintiff has completed an inventory of the premises. If the defendants want to recover their property, they must contact the plaintiff within 28 days and make arrangements to pick it up. The plaintiff must release the property to the defendant. It is recommended, but not required, that the recovery of property be handled on a single time/date basis. After 28 days, if the defendant has not picked up the property, it is considered abandoned.
2. Contract with a licensed and bonded mover to inventory and remove the property/Off-site storage for 60 days - The plaintiff must contract with a licensed and bonded mover and make arrangements to have the mover there at the time of the eviction. Deputies will remove the defendants and standby until the moving company has loaded the property and completed the inventory. The plaintiff has a lien for the moving and storage expenses only. The defendant again has 60 days to contact the plaintiff to make arrangements to pick up the property. The defendant may be required to pay the moving costs before it’s released. Frequently, the value of the personal property is less than the moving expenses, and since the plaintiff is responsible for paying the movers, the option is selected less often.

Abandoned Property

Any personal property a tenant leaves behind must first be stored by the landlord. After the 28/60 days mentioned above, the landlord may sell or get rid of the property in whatever way the landlord wishes. The landlord must make a reasonable effort, however, to contact the tenant at least 2 weeks before the sale/disposal of the items. The landlord must do this either by personally giving the tenant a written notice of the sale or by sending the notice by certified mail to the tenant’s last known address or likely living quarters if that is known by the landlord. The landlord (plaintiff) must also post a notice of the sale in a clearly visible place on the premises for at least 2 weeks before the sale/disposal.

For other information on evictions, Writs of Recovery of Premises and/or Unlawful Detainer Actions, please contact the Scott County Sheriff’s Office Civil Unit at 952-496-8320. 

There are other court orders that can delay or prevent an eviction. In addition, there are actions taken by either the landlord or the tenant which will invalidate or complicate the eviction action.

If you need legal advice, please contact an attorney. The Sheriff's Office is not permitted to provide legal advice nor can we recommend any specific attorney.

Minnesota Attorney General's Office: Landlords and Tenants Rights and Responsibilities

Minnesota Judicial Branch Self-Help Information: Landlord and Tenant Issues