A lot of landlords are feeling very frustrated because Governor Walz keeps extending the peacetime emergency, and with it the state eviction moratorium. One of the most common questions that my office gets these days is whether the peacetime emergency is over and when will landlords be able to bring an eviction again.
The short answer is that the peacetime emergency – and with it, the eviction moratorium – has been extended until mid June 2021. Landlords who want to bring an eviction against a tenant have to meet an exception to Executive Order 20 – 79 allowing them to proceed with an eviction. I recommend that landlords pull the police reports for a particular property and tenant to see if they can meet an exception to the Executive Order.
Under 20 – 79, the landlord must give the tenant at least 7 days advance notice (longer if the lease requires a longer notice period) of the landlord's intent to terminate the lease, but - in the words of the Executive Order - the landlord can only terminate the lease if the tenant:
a. Seriously endangers the safety of other residents;
b. Violates Minnesota Statutes 2019, section 504B.171, subdivision 1 (illegal drug sale or possession, illegal possession of a firearm, prostitution, or possession of stolen property)
c. Remains in the property past the vacate date after receiving a notice to vacate or nonrenewal under paragraph 4 of this Executive Order; or
d. Materially violates a residential lease by the following actions on the premises, including the common area and the curtilage of the premises:
i. Seriously endangers the safety of others; or
i i. Significantly damages property
I represent landlords, not residential tenants, but I am speaking directly to residential tenants now. Residential tenants who are having or anticipate having difficulties paying the rent should visit https://www.rwww.renthelpmn.org/ and fill out an application for assistance. Landlords who know their tenants are having difficulty paying the rent should point their tenants to this website.
I would like to think that most tenants are paying their rent on time when due, but some tenants are taking advantage of the situation and saying – gosh, because you cannot evict me for not paying the rent, I am just not going to pay the rent.
If you are a landlord who is in the unfortunate position of having tenants taking advantage of Executive Order 20 – 79, I would recommend that you pull the police reports for the tenant and the property to see if you meet an exception to the Executive Order. If you are a tenant who is taking advantage of Executive Order 20 – 79 and not paying your rent, be warned that rent continues to accumulate, and that you are living on borrowed time – and we will find a way to remove you.
What does the future hold, and when will Executive Order 20 – 79 come to an end? In other words, when will landlords be able to bring evictions for nonpayment of rent again? Nobody knows or can predict the future, and if I could I would be in a different line of work, but I think there are probably 4 realistic possibilities:
1. The peacetime emergency is extended again, and with it the eviction moratorium and all of the other protections created by Executive Order and tied to the duration of the peacetime emergency. After all, the legislature will be in special session, so the writing is at least somewhat on the wall.
2. Executive Order 20 – 79 is modified or rescinded to allow more evictions, but probably not for nonpayment of rent, if I had to guess.
2. There is some sort of agreement that the peacetime emergency will come to an end, probably through some sort of legislative solution (in other words, if the legislature agrees to X, Gov. Walz might agree not to extend the peacetime emergency again).
As far as evictions are concerned, there are 2 competing House and Senate bills that create an "off ramp" to the eviction moratorium. These competing bills both end Executive Order 20 – 79 and permit eviction in certain circumstances after appropriate notice. Curiously, under both bills, eviction would be permitted for a "material violation" of the lease, but – also in both bills – a "material violation" does not include nonpayment of rent.
It is important to stress that neither of these bills have been signed into law, and because there are competing versions in the House and Senate, the differences in the bills will most likely be hashed out by a conference committee. However, the common elements of these bills – permitting evictions for a "material violation" of the lease, which does not include nonpayment – will probably survive the conference committee, and provide some clues as to what a legislative "off ramp" might entail.
What will come out of the conference committee? It is anybody's guess, but I am thinking that the final bill will and the eviction moratorium and establish a framework for allowing evictions to proceed. That is what I think might happen, but like I said before, nobody knows or can predict the future, least of all me.
4. The peacetime emergency is not extended, Executive Order 20 – 79 expires, and the CDC eviction moratorium takes effect in Minnesota, for as long as the CDC eviction moratorium lasts. If Executive Order 20 – 79 is allowed to expire, and the CDC eviction moratorium takes effect in Minnesota, then landlords would be permitted to bring evictions for a wider range of reasons – but still not nonpayment.
However, if the CDC eviction moratorium is struck down (and it has been struck down by at least one judge, who stayed her ruling pending an appeal), and Executive Order 20 – 79 expires then the court should expect a flood of eviction filings for multiple reasons, including nonpayment of rent.
This is not an easy time to be a landlord, but landlords are still not without options, even under the eviction moratorium. I would be happy to discuss potential options with any landlords. To that end, please give me a call at 763-290-0445. That is my direct line, but the odds are you will get the receptionist.
Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, BUT DO NOT REPRESENT RESIDENTIAL TENANTS.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.
The short answer is that the peacetime emergency – and with it, the eviction moratorium – has been extended until mid June 2021. Landlords who want to bring an eviction against a tenant have to meet an exception to Executive Order 20 – 79 allowing them to proceed with an eviction. I recommend that landlords pull the police reports for a particular property and tenant to see if they can meet an exception to the Executive Order.
Under 20 – 79, the landlord must give the tenant at least 7 days advance notice (longer if the lease requires a longer notice period) of the landlord's intent to terminate the lease, but - in the words of the Executive Order - the landlord can only terminate the lease if the tenant:
a. Seriously endangers the safety of other residents;
b. Violates Minnesota Statutes 2019, section 504B.171, subdivision 1 (illegal drug sale or possession, illegal possession of a firearm, prostitution, or possession of stolen property)
c. Remains in the property past the vacate date after receiving a notice to vacate or nonrenewal under paragraph 4 of this Executive Order; or
d. Materially violates a residential lease by the following actions on the premises, including the common area and the curtilage of the premises:
i. Seriously endangers the safety of others; or
i i. Significantly damages property
I represent landlords, not residential tenants, but I am speaking directly to residential tenants now. Residential tenants who are having or anticipate having difficulties paying the rent should visit https://www.rwww.renthelpmn.org/ and fill out an application for assistance. Landlords who know their tenants are having difficulty paying the rent should point their tenants to this website.
I would like to think that most tenants are paying their rent on time when due, but some tenants are taking advantage of the situation and saying – gosh, because you cannot evict me for not paying the rent, I am just not going to pay the rent.
If you are a landlord who is in the unfortunate position of having tenants taking advantage of Executive Order 20 – 79, I would recommend that you pull the police reports for the tenant and the property to see if you meet an exception to the Executive Order. If you are a tenant who is taking advantage of Executive Order 20 – 79 and not paying your rent, be warned that rent continues to accumulate, and that you are living on borrowed time – and we will find a way to remove you.
What does the future hold, and when will Executive Order 20 – 79 come to an end? In other words, when will landlords be able to bring evictions for nonpayment of rent again? Nobody knows or can predict the future, and if I could I would be in a different line of work, but I think there are probably 4 realistic possibilities:
1. The peacetime emergency is extended again, and with it the eviction moratorium and all of the other protections created by Executive Order and tied to the duration of the peacetime emergency. After all, the legislature will be in special session, so the writing is at least somewhat on the wall.
2. Executive Order 20 – 79 is modified or rescinded to allow more evictions, but probably not for nonpayment of rent, if I had to guess.
2. There is some sort of agreement that the peacetime emergency will come to an end, probably through some sort of legislative solution (in other words, if the legislature agrees to X, Gov. Walz might agree not to extend the peacetime emergency again).
As far as evictions are concerned, there are 2 competing House and Senate bills that create an "off ramp" to the eviction moratorium. These competing bills both end Executive Order 20 – 79 and permit eviction in certain circumstances after appropriate notice. Curiously, under both bills, eviction would be permitted for a "material violation" of the lease, but – also in both bills – a "material violation" does not include nonpayment of rent.
It is important to stress that neither of these bills have been signed into law, and because there are competing versions in the House and Senate, the differences in the bills will most likely be hashed out by a conference committee. However, the common elements of these bills – permitting evictions for a "material violation" of the lease, which does not include nonpayment – will probably survive the conference committee, and provide some clues as to what a legislative "off ramp" might entail.
What will come out of the conference committee? It is anybody's guess, but I am thinking that the final bill will and the eviction moratorium and establish a framework for allowing evictions to proceed. That is what I think might happen, but like I said before, nobody knows or can predict the future, least of all me.
4. The peacetime emergency is not extended, Executive Order 20 – 79 expires, and the CDC eviction moratorium takes effect in Minnesota, for as long as the CDC eviction moratorium lasts. If Executive Order 20 – 79 is allowed to expire, and the CDC eviction moratorium takes effect in Minnesota, then landlords would be permitted to bring evictions for a wider range of reasons – but still not nonpayment.
However, if the CDC eviction moratorium is struck down (and it has been struck down by at least one judge, who stayed her ruling pending an appeal), and Executive Order 20 – 79 expires then the court should expect a flood of eviction filings for multiple reasons, including nonpayment of rent.
This is not an easy time to be a landlord, but landlords are still not without options, even under the eviction moratorium. I would be happy to discuss potential options with any landlords. To that end, please give me a call at 763-290-0445. That is my direct line, but the odds are you will get the receptionist.
Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, BUT DO NOT REPRESENT RESIDENTIAL TENANTS.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.
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