Owners May File for Eviction Immediately after Serving Notice

A Minnesota appeals court recently ruled that a federally subsidized owner wasn’t required to wait out HUD’s 10-day “discussion period” before suing to evict a tenant who had threatened violence in the management office. Because the lease deemed any single violation of its crime-free provision a material noncompliance warranting immediate termination, and because HUD Handbook 4350.3 merely guarantees the tenant 10 days to talk with management and not a 10-day suspension on litigation, the owner’s same-day filing was allowed, and the tenant’s motion to dismiss was correctly denied.

What Happened

A resident lived in an apartment governed by a HUD model lease. The lease and resident handbook banned acts or threats of violence and stated that even one breach could trigger “immediate lease termination and eviction.” On Sept. 10, 2024, the resident came to the on-site office to report vandalism to his unit. Frustrated, he stated that he had “a 9 mm with 17 rounds” and that anyone coming to his door “will be popped off,” a threat heard by staff, other residents, and children.

The next day the management posted a lease-termination notice on the resident’s door. The notice declared the tenancy terminated “effective immediately” for material noncompliance, cited the gun threat, and informed him that he had 10 days to discuss the termination with management if he wished, as required by HUD Handbook 4350.3 par. 8-13(B)(2)(c)(4). The notice did not promise a 10-day pause before court action. Later that same day, the owner filed an eviction complaint, and the resident never requested a meeting.

At the October 2024 hearing the lower court found the threat a material breach, concluded the lease allowed immediate termination, and issued an eviction order. The resident appealed, arguing that filing during the 10-day window violated the lease, HUD rules, and state law.

Takeaway

Owners of HUD-assisted properties must still deliver a written notice that offers tenants 10 days to confer about a proposed termination. But unless another HUD regulation or state statute imposes a specific waiting period, they can file an eviction immediately when the lease authorizes instant termination for serious misconduct. Owners should ensure the notice clearly sets out both the grounds for termination and the tenant’s right to meet, while understanding that the discussion window does not necessarily stall court proceedings.

• Sunrise Estates v. Avery, June 2025