Disclaimer: This is general information only and not legal advice. I am not a lawyer. For advice about a specific situation, consult a licensed Minnesota attorney.
Detailed Answer — How Minnesota law treats squatters and how to remove them
“Squatting” usually means someone is occupying your property without your permission. Under Minnesota law, how you remove that person depends on whether they are a trespasser, an occupant who claims tenant rights, or someone trying to acquire the property by long‑term possession (adverse possession). Acting quickly and using the proper legal process matters: using force or unlawful self‑help (for example changing locks or removing belongings without a court order) can expose the owner to liability.
1. Figure out the occupant’s legal status
- Non‑tenant trespasser: Person has no contract, did not pay rent, and is on the property without permission. Treat as a trespass situation.
- Claimed tenant or month‑to‑month occupant: If the occupant has an agreement (written or verbal) or you have accepted rent or utilities, Minnesota landlord‑tenant eviction rules (Chapter 504B) may apply. See Minnesota Statutes, Chapter 504B: https://www.revisor.mn.gov/statutes/cite/504B.
- Long‑term occupant claiming ownership (adverse possession): In rare cases, a squatter may claim title after meeting legal elements for a statutory period. Owners should consult an attorney immediately if adverse possession is a concern.
2. Immediate steps for safety and documentation
Before taking legal steps, document the situation. Collect dated photos or video (showing interior/exterior, people present, damage), copies of any communication, and records of attempts to contact the occupant. If you reasonably fear violence or criminal conduct, call law enforcement. Criminal trespass and related offenses are in Minnesota’s criminal code. See Minnesota Statutes, Chapter 609: https://www.revisor.mn.gov/statutes/cite/609.
3. Using law enforcement vs. court process
If the police determine the person is committing a crime (for example, forcible entry, breaking and entering, or criminal trespass), they may remove the person immediately and arrest them. Police are more likely to act quickly if the occupant broke in recently, there is a threat to safety, or there is clear criminal conduct.
If the occupant claims a right to stay (says they are a tenant or refuses to leave), law enforcement will often consider it a civil matter and advise you to use the courts. For residential occupancy disputes, Minnesota has a statutory summary process for eviction; information and forms are available from the Minnesota Judicial Branch: https://mncourts.gov/Help-Topics/Eviction.aspx.
4. Civil remedies — eviction/ejectment
Owners commonly proceed by filing either a forcible entry and unlawful detainer (eviction) claim under the landlord‑tenant rules if the occupant is or may be a tenant, or an action for ejectment/recovery of possession if they are a trespasser without tenant claims. The exact pleading and notice requirements differ depending on the occupant’s status:
- Eviction under landlord/tenant law: Use Chapter 504B procedures when an occupant is a tenant or claims tenancy. These procedures include serving required notices and then filing in district court or conciliation court. See: Minn. Stat. Ch. 504B.
- Ejectment/trespass action: If the person is a trespasser with no claim of tenancy, an owner may file for ejectment or similar remedies in civil court to recover possession and possibly damages.
After you win in court, the court issues an order for possession. If the occupant still does not leave, the sheriff enforces the order and removes the person and their belongings. Do not attempt to remove someone yourself without a court order.
5. Timeline and costs
Timelines vary. An emergency police removal can be immediate if criminal conduct is present. A civil eviction or ejectment can take weeks to months depending on court schedules, notice requirements, and appeals. Expect court filing fees, service fees, possible attorney fees, and sheriff removal costs. If you are selling the property, unresolved occupancy can delay closing and affect title insurance.
6. Potential defenses a squatter might raise
- They claim to be a tenant (paying or promised rent) — triggers landlord‑tenant rules.
- They claim adverse possession — requires proof of long, continuous, exclusive, and notorious possession under state law; this is fact‑specific and rare.
- They claim permission or an oral agreement — owner must rebut with evidence.
7. Practical tips for sellers and owners
- Secure the property: change locks and alarm codes only after you have legal authority to do so. If the occupant is a trespasser, consult law enforcement before taking action.
- Communicate in writing: give clear written notices and keep delivery records.
- Preserve evidence of ownership and attempts to remove the occupant (photos, communications, police reports).
- Notify your title company and the buyer (if under contract) — unresolved occupancy often blocks closing.
- Consult a Minnesota real property or eviction attorney promptly—especially if adverse possession is threatened or a sale is pending.
Helpful Hints
- Do not use self‑help eviction (changing locks, removing possessions, shutting off utilities) without a court order — it can be illegal in Minnesota.
- If the occupant acted violently or recently broke in, call 911. For non‑emergencies, contact local police and ask whether they will remove the person as trespassers or if you must use civil process.
- Keep meticulous records: dated photos/videos, names of witnesses, copies of any rent payments, and any written communications from the occupant.
- Ask your title company whether they will insure a sale while an occupant remains; unresolved occupancy can void some title commitments.
- If you need a quick removal and the occupant claims tenancy, consider a short negotiation (signed move‑out agreement) but get any deal in writing and confirm it with counsel before accepting payment or waiving claims.
- When in doubt, consult a Minnesota attorney who handles real property, eviction, or quiet title actions. An attorney can: (a) advise whether criminal or civil remedies apply, (b) prepare notices and court papers, and (c) coordinate sheriff removal.
Relevant Minnesota statutory resources (general chapters):
- Landlord‑tenant and eviction rules: Minnesota Statutes, Chapter 504B — https://www.revisor.mn.gov/statutes/cite/504B
- Minnesota criminal code (including criminal trespass and related offenses): Chapter 609 — https://www.revisor.mn.gov/statutes/cite/609
- Minnesota Judicial Branch — eviction and small‑claims help pages: https://mncourts.gov/Help-Topics/Eviction.aspx
If you want, provide a brief description of the property (residential vs. vacant, any written agreement, any rent accepted, how long the person has been there) and I can outline the likely first practical steps for your situation.