Minnesota Eviction Law Changes Take Effect August 1, 2026 Under HF 3809
Minnesota Eviction Law Changes Take Effect August 1, 2026 Under HF 3809
Two changes to Minnesota's eviction statute took effect August 1, 2026, under HF 3809. Landlords can now seek an expedited hearing when a tenant assaults the landlord or the landlord's employees or contractors, and landlords are barred from naming a minor as a defendant in an eviction action except in narrow circumstances.
Information last verified on August 5, 2026. This is a developing story; we update it as the record changes.
Jurisdiction scope: This article covers Minnesota law only. See our Minnesota landlord-tenant law guide for the state's broader eviction and rental framework.
What Happened
HF 3809, introduced by Rep. Dotseth with co-authors Norris, Mekeland, Rehrauer, Igo, and Zeleznikar, amended Minnesota's eviction-action statute, Minn. Stat. § 504B.321, subdivision 2. The Minnesota House's official "New Laws Aug. 1, 2026" summary confirms both changes took effect that date. Two distinct provisions moved through the same bill.
The first lets a landlord file for an expedited eviction hearing when the tenant has assaulted the landlord, or the landlord's employees or contractors. "Assault" carries the definition in Minn. Stat. § 609.02, subdivision 10, Minnesota's general criminal-code assault definition. The filing must be supported by an affidavit stating specific facts supporting the assault allegation. At the expedited hearing, the court may consider only those assault allegations. It may not consolidate the claim with other eviction grounds, such as breach of lease, holding over under Minn. Stat. § 504B.285, or nonpayment of rent under Minn. Stat. § 504B.291. This provision is effective August 1, 2026, and applies to eviction actions filed on or after that date.
The second bars a landlord from listing a minor as a defendant in an eviction action, unless the minor is the only tenant on the unit. The protection cannot be waived by agreement, and a tenant may recover damages if a landlord violates it. According to the House's bill summary, the rationale is to prevent a young adult from discovering years later that an eviction case was filed against them as a child. This provision applies to leases entered into or renewed on or after August 1, 2026, a different applicability trigger than the filing-date trigger governing the expedited-hearing provision.
What the Law Actually Says
Minnesota eviction actions run through Minn. Stat. ch. 504B. Section 504B.321 governs the complaint and summons that start an eviction case, including the standard and expedited timelines. Under the existing expedited-hearing framework, eviction hearings must be scheduled within a compressed window, generally not less than five days nor more than seven days from when the summons is issued, which is faster than the standard eviction timeline. HF 3809 added assault on the landlord or the landlord's employees or contractors as a new basis for using that expedited path, alongside grounds that already existed in the statute.
The affidavit-and-no-consolidation structure is a guardrail on the new ground. Because an expedited hearing moves quickly and narrows the tenant's preparation time, the statute confines it to the assault allegation alone. A landlord cannot use an assault filing as a vehicle to also litigate unrelated nonpayment, holding-over, or lease-breach issues in the same fast-tracked hearing; those still proceed under separate provisions, including Minn. Stat. §§ 504B.285 (holding over) and 504B.291 (nonpayment of rent).
The minor-defendant provision operates independently of the eviction-filing mechanics. It restricts who a landlord can name as a defendant at all, regardless of which eviction ground is alleged. Because the trigger is the lease's execution or renewal date, not the filing date, a lease signed or renewed on or after August 1, 2026, falls under the new naming restriction even if the eviction itself is filed later. For readers researching whether Minnesota permits landlords to install security cameras or record interactions with tenants, a separate area of state law, see our Minnesota landlord-tenant recording rules, which is governed by a different statute than the eviction provisions discussed here.
Analysis: Why This Matters
The following is analysis from the Recording Law Editorial Team.
The two provisions address different sides of the landlord-tenant relationship. The expedited assault hearing responds to landlord and contractor safety concerns by giving landlords a faster court path when they allege a tenant assaulted them or someone working for them. The affidavit requirement and the bar on consolidating other claims appear designed to keep that faster path narrow, limited to the safety allegation itself rather than becoming a shortcut for unrelated eviction grounds.
The minor-defendant prohibition addresses a different problem: the downstream effect of an eviction filing on a person who was a child when it happened. Eviction records are commonly used in tenant-screening reports, and a record naming a minor as a co-defendant on a household eviction can attach to that person's rental history long after they reach adulthood, independent of anything they did. Removing minors from the caption, except when the minor is the sole tenant, is a records-hygiene change with tenant-screening implications rather than a change to who can be removed from a unit.
Neither provision changes who ultimately can be ordered to vacate a unit. The assault provision changes how fast a hearing on that specific allegation can be scheduled. The minor provision changes who can be named as a party, not who can be evicted.
How This Affects You
The date that matters depends on which provision is at issue. For the expedited assault hearing, the relevant date is when the eviction action is filed. Actions filed on or after August 1, 2026, can use the new expedited path if a landlord alleges assault under the § 609.02, subd. 10 definition and supports it with an affidavit stating specific facts.
For the minor-defendant restriction, the relevant date is when the lease was entered into or renewed, not when any eviction is later filed. A lease signed or renewed on or after August 1, 2026, falls under the new naming restriction; a lease predating that window and not yet renewed may not, though this article does not offer an opinion on how the provision applies to any specific lease.
This is general information about a recently enacted law, not legal advice about a specific eviction case. Landlords and tenants dealing with an active or upcoming eviction should consult the statute directly or an attorney licensed in Minnesota.
This is general legal information, not legal advice. Laws change, and how a statute applies can depend on specific facts. This article reflects Minnesota law as verified on August 5, 2026; consult a Minnesota-licensed attorney for advice about a specific situation.
Related articles
- Minnesota Landlord-Tenant Laws
- Landlord-Tenant Laws by State
- Minnesota Recording Laws for Landlords and Tenants
Last updated: 2026-08-05. This is a developing story; details verified as of 2026-08-05.
Frequently Asked Questions
What changed in Minnesota eviction law on August 1, 2026?
Two amendments to Minn. Stat. § 504B.321 took effect that date under HF 3809: landlords gained the ability to seek an expedited eviction hearing when a tenant assaults the landlord or the landlord's employees or contractors, and landlords were barred from listing a minor as a defendant in an eviction action except when the minor is the sole tenant.
What is an expedited eviction hearing for assault?
It is a faster-scheduled court hearing a landlord can request when alleging the tenant assaulted the landlord or the landlord's employees or contractors, using the assault definition in Minn. Stat. § 609.02, subd. 10. The filing must include an affidavit stating specific facts, and the court can consider only the assault allegation, not other eviction grounds, at that hearing.
Can a landlord name my child as a defendant in an eviction?
Under the new provision, a landlord generally cannot list a minor as a defendant in an eviction action unless the minor is the only tenant of the unit. This applies to leases entered into or renewed on or after August 1, 2026. A tenant may recover damages if a landlord violates this rule, and the protection cannot be waived.
When do the new Minnesota eviction rules apply?
The two provisions use different applicability dates. The expedited assault-hearing provision applies to eviction actions filed on or after August 1, 2026. The minor-defendant prohibition applies to leases entered into or renewed on or after August 1, 2026.
What counts as assault under the new expedited-hearing provision?
The statute incorporates the definition of assault in Minn. Stat. § 609.02, subd. 10, Minnesota's general criminal-code assault definition, rather than creating a new definition specific to eviction law.
Does the expedited assault hearing let a landlord also raise nonpayment or lease-breach claims?
No. The statute limits what the court may consider at the expedited hearing to the assault allegations supported by the affidavit. It does not allow consolidation with claims such as breach of lease, holding over under Minn. Stat. § 504B.285, or nonpayment of rent under § 504B.291.
Who introduced HF 3809?
HF 3809 was introduced by Rep. Dotseth, with co-authors Norris, Mekeland, Rehrauer, Igo, and Zeleznikar, and had a Senate companion, SF 4537.
Updates
Corrected a mislabel: Minn. Stat. 504B.285 is the eviction ground for holding over, not breach of lease. The statute the article paraphrases (504B.321, subd. 2(e)) lists breach of lease, holding over (504B.285), and nonpayment of rent (504B.291) as three separate grounds.
Corrected wording of the expedited-eviction-hearing assault ground: the enacted statute (Minn. Stat. § 504B.321, subd. 2, as amended by 2026 Minn. Laws ch. 81, s. 5) covers assault on the landlord or the landlord's employees or contractors, not an 'agent.'
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on 4 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 504B: LANDLORD AND TENANT
§ 504B.285EVICTION ACTIONS; GROUNDS; RETALIATION DEFENSE; COMBINED ALLEGATIONSIn forcecited in 3 of our articles
Subdivision 1. Grounds. (a) The person entitled to the premises may recover possession by eviction when: (1) any person holds over real property: (i) after a sale of the property on an execution or judgment; (ii) after the expiration of the time for redemption on foreclosure of a mortgage, or after termination of contract to convey the property; or (iii) after the expiration of the time for redemption on a real estate tax judgment sale; (2) any person holds over real property after termination of the time for which it is demised or leased to that person or to the persons under whom that person holds possession, contrary to the conditions or covenants of the lease or agreement under which that person holds, or after any rent becomes due according to the terms of such lease or agreement; or (3) any tenant at will holds over after the termination of the tenancy by notice to quit. (b) A landlord may not commence an eviction action against a tenant or authorized occupant solely on the basis that the tenant or authorized occupant has been the victim of any of the acts listed in section 504B.206, subdivision 1, paragraph (a).
Official text (excerpt) · as of 2026-07-29 · Read the full section at revisor.mn.gov
Also relied on in: Minnesota Squatters Rights and Adverse Possession Laws (2026), Minnesota Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
§ 504B.291EVICTION ACTION FOR NONPAYMENT; REDEMPTION; OTHER RIGHTSIn force
Subdivision 1. Action to recover. (a) A landlord may bring an eviction action for nonpayment of rent irrespective of whether the lease contains a right of reentry clause. Such an eviction action is equivalent to a demand for the rent. There is a rebuttable presumption that the rent has been paid if the tenant produces a copy or copies of one or more money orders or produces one or more original receipt stubs evidencing the purchase of a money order, if the documents: (i) total the amount of the rent; (ii) include a date or dates approximately corresponding with the date rent was due; and (iii) in the case of copies of money orders, are made payable to the landlord. This presumption is rebutted if the landlord produces a business record that shows that the tenant has not paid the rent. The landlord is not precluded from introducing other evidence that rebuts this presumption.
Official text (excerpt) · as of 2026-07-29 · Read the full section at revisor.mn.gov
§ 504B.321COMPLAINT AND SUMMONSIn force
Subdivision 1. Procedure. (a) To bring an eviction action, the person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery of possession, and asking for recovery thereof. (b) The lack of the full name and date of birth of the person against whom the complaint is made does not deprive the court of jurisdiction or make the complaint invalid. (c) The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons, except as provided by subdivision 2. (d) If applicable, the person filing a complaint must attach a copy of the written notice described in subdivision 1a. The court shall dismiss an action without prejudice for failure to provide a notice as described in subdivision 1a and grant an expungement of the eviction case court file. Subd. 1a. Written notice for nonpayment of rent.
Official text (excerpt) · as of 2026-07-29 · Read the full section at revisor.mn.gov
Minnesota Statutes, Chapter 609: CRIMINAL CODE
§ 609.02DEFINITIONSIn forcecited in 3 of our articles
Subdivision 1. Crime. "Crime" means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine. Subd. 2. Felony. "Felony" means a crime for which a sentence of imprisonment for one year or more may be imposed. Subd. 2a. [Repealed, 1999 c 194 s 11] Subd. 3. Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Subd. 4. Gross misdemeanor. "Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000. Subd. 4a. Petty misdemeanor. "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed. Subd. 5. Conviction. "Conviction" means any of the following accepted and recorded by the court: (1) a plea of guilty; or (2) a verdict of guilty by a jury or a finding of guilty by the court. Subd. 6. Dangerous weapon.
Official text (excerpt) · as of 2026-07-29 · Read the full section at revisor.mn.gov
Also relied on in: Minnesota Hit and Run Laws: Penalties and What to Do, Minnesota Recording Laws (2026): One-Party Consent Rules
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Sources and References
- H.F. 3809 bill summary, Minnesota House of Representatives(house.mn.gov).gov
- New Laws Aug. 1, 2026, Minnesota House Public Information Services(house.mn.gov).gov
- Minnesota Statutes, Chapter 504B (Landlord and Tenant)(revisor.mn.gov).gov
- Minnesota Statutes section 504B.321 (complaint and summons)(revisor.mn.gov).gov
- Minnesota Statutes section 504B.285 (holding over)(revisor.mn.gov).gov
- Minnesota Statutes section 504B.291 (eviction action for nonpayment)(revisor.mn.gov).gov
- SF 4537, 1st Engrossment, Minnesota Senate companion bill(revisor.mn.gov).gov
- H.F. 3809 bill status and text, Minnesota Legislature(revisor.mn.gov).gov