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The Minnesota Hou102 form serves as a critical document in the eviction process, primarily used by landlords to initiate legal action against tenants. This form outlines essential information, including the identities of the landlord and tenant, the property address, and the specific reasons for seeking eviction. It requires landlords to provide details about the rental agreement, such as whether it was oral or written, the rent amount, and the dates of tenancy. Additionally, landlords must affirm their compliance with state statutes regarding tenant notification and management. The form also specifies various grounds for eviction, including non-payment of rent, failure to vacate after notice, and breaches of the rental agreement. Landlords must verify that the tenant is not currently in military service, which is a crucial legal consideration. Completing the Hou102 form accurately is vital for landlords to ensure their eviction proceedings are legally sound and to facilitate a smooth process through the judicial system.
Form Example
State of Minnesota
County
Plaintiff (Landlord)
Address
vs.
Defendant (Tenant)
District Court
Judicial District: |
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Court File Number: |
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Case Type: |
Housing |
Plaintiff’s Date of Birth:
(if known)
Eviction Action Complaint (Minn. Stat. § 504B.321)
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Tenant’s Date of Birth: |
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Address |
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(If known) |
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I, |
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state upon oath/affirmation: |
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(name of person signing complaint) |
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1. Landlord leased or rented to tenant(s) on |
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by an |
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WRITTEN |
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agreement the premises at: |
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Apartment # |
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, and garage YES NO, in the city of |
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the state of Minnesota, zip code |
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, in the county of |
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. The |
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agreement was from |
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to |
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. The current rent due and payable under |
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this agreement each month is $ |
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due on the |
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day of the month. |
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2. The landlord of the premises described above is |
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3.Landlord having present right of possession of said property, has complied with Minn. Stat. § 504B.181 by:
a. disclosing to the tenant either in the rental agreement or otherwise in writing prior to beginning of the tenancy the name and address of:
i.the person authorized to manage the property AND
ii.a landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information |
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, OR |
Where Posted
c. the above information was known by the tenant not less than 30 days before the filing
of this action because: |
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4.Landlord seeks to have the tenant evicted for the following reasons:
a. The tenant is still in possession of above premises and has failed to pay rent for the
month(s) of |
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in the amount |
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of $ |
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per month payable on the |
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day of each month for a total |
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due of $ |
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b. The tenant has failed to vacate property after tenant was given gave written notice to do so. This notice was served on Tenant Landlord on
and tenant was told Gave notice to vacate the property by
HOU102 |
State |
ENG |
Rev 11/11 |
www.mncourts.gov/forms |
Page 1 of 2 |
c. The tenant has broken the terms of the rental agreement with property landlord by: (be specific)
d. The tenant has breached the covenants set forth in Minn. Stat. §504B.171 by: (be specific)
e. Defendant defaulted on the mortgage and the property has been sold at a Sheriff’s sale. The Redemption period has expired and Plaintiff is entitled to possession.
f. Defendant defaulted on a contract deed and is holding over after proper cancellation of the contract.
5.The landlord seeks judgment against the above tenant(s) for restitution of said premises plus costs and disbursements herein.
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Verification and Affidavit of Non Military Status |
I, (Name) |
, being sworn/affirmed, state that I am |
the plaintiff/agent/attorney in this action, that I have read the complaint and that it is true to the best of my knowledge; that tenant(s) is/are not now in the military service of the United States, to the best of my information and belief.
****Notice: A licensed attorney must sign the Complaint and appear in court on behalf of a corporation or LLC. In Hennepin County only, Housing Court Rule 603 may permit a corporation or LLC to file and appear in court without a licensed attorney.****
Dated:
Signature
(Sign only in front of notary public or court administrator)
Sworn/affirmed before me this |
Name: |
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day of |
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Address: |
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City/State/Zip: |
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Notary Public \ Deputy Court Administrator |
Telephone: ( |
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HOU102 |
State |
ENG |
Rev 11/11 |
www.mncourts.gov/forms |
Page 2 of 2 |
Form Specifications
| Fact Name | Details |
|---|---|
| Governing Law | This form is governed by Minnesota Statutes, specifically Minn. Stat. § 504B.321 and § 504B.181. |
| Purpose | The HOU102 form is used for initiating eviction actions in Minnesota. |
| Landlord Requirements | The landlord must provide specific information about property management and service of process as outlined in the form. |
| Military Status Verification | The plaintiff must verify that the tenant is not currently in military service, as part of the complaint. |
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