June 17, 2021 8:35 AM
For months now, Executive Order 20 – 79 (Minnesota's eviction moratorium) has been the bane of landlords. However, there is finally some light at the end of the tunnel. Any situation that is literally changing minute by minute, the Minnesota legislature has reached an agreement on an "off ramp" to Executive Order 20 – 79, and the eviction moratorium. Until that legislative agreement is signed into law, however, Executive Order 20 – 79 and the eviction moratorium remain in effect.
The agreement contains several key dates and timelines for landlords:
First, credit where credit is due – the above information in this blog post, especially the bullet points above, is largely taken from an article published on June 14, 2021 in Minnesota Reformer. Second, this is only a legislative agreement, and has not become law – yet. However, I expect that this agreement, or something like it, will be enacted into law sometime in the near future.
The executive summary states that the "off ramp" benefits both landlords and tenants, and provides certainty. I partially agree, but we have been dealing with the eviction moratorium for well over a year. I am going to wait until seeing what is enacted into law before giving an opinion on what I think about the law and agreement, but I can make a few points now:
Providing tenants with 15 days advance notice of a pending eviction is probably a good business practice, and certainly a lot less expensive for the landlord than bringing an eviction – and might actually get the landlord paid or get the tenant to leave voluntarily. I do not like the provision that says that a landlord cannot evict for nonpayment against a tenant who has a "pending" application for rental assistance because that leaves both the landlord and the tenant in limbo. In other words, both the landlord and the tenant have an uncertain future – going against the stated purpose of the agreement in the executive summary.
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.
For months now, Executive Order 20 – 79 (Minnesota's eviction moratorium) has been the bane of landlords. However, there is finally some light at the end of the tunnel. Any situation that is literally changing minute by minute, the Minnesota legislature has reached an agreement on an "off ramp" to Executive Order 20 – 79, and the eviction moratorium. Until that legislative agreement is signed into law, however, Executive Order 20 – 79 and the eviction moratorium remain in effect.
The agreement contains several key dates and timelines for landlords:
- Landlords will be required to provide tenants with 15 days advance notice before bringing an eviction, including an itemization of the total amount of rent owed and information on how to apply for assistance.
- 15 days after enactment landlords can bring evictions for material violations of the lease other than nonpayment of rent. For example, if the tenant signed a lease agreement not to smoke in the rental premises and does it anyway, that might be considered a material violation of the lease. Alternatively, if the tenant had a illegal pet (that was not a companion animal or service animal), and agreed in the lease not to have any pets, that might also be a material violation.
- 45 days after enactment, landlords can not renew it tenant's lease because of nonpayment of rent, but only if that tenant is not eligible for rental assistance.
- 75 days after enactment, landlords would be able to evict for nonpayment, but only if the tenant is not eligible for rental assistance.
- 105 days after enactment, the state will return to pre-pandemic eviction rules, except that a landlord will not be able to bring an eviction against a tenant who has a pending application for rental assistance.
- If a tenant has a pending application for rental assistance, that tenant is protected from eviction for nonpayment of rent through June 1, 2022.
First, credit where credit is due – the above information in this blog post, especially the bullet points above, is largely taken from an article published on June 14, 2021 in Minnesota Reformer. Second, this is only a legislative agreement, and has not become law – yet. However, I expect that this agreement, or something like it, will be enacted into law sometime in the near future.
The executive summary states that the "off ramp" benefits both landlords and tenants, and provides certainty. I partially agree, but we have been dealing with the eviction moratorium for well over a year. I am going to wait until seeing what is enacted into law before giving an opinion on what I think about the law and agreement, but I can make a few points now:
Providing tenants with 15 days advance notice of a pending eviction is probably a good business practice, and certainly a lot less expensive for the landlord than bringing an eviction – and might actually get the landlord paid or get the tenant to leave voluntarily. I do not like the provision that says that a landlord cannot evict for nonpayment against a tenant who has a "pending" application for rental assistance because that leaves both the landlord and the tenant in limbo. In other words, both the landlord and the tenant have an uncertain future – going against the stated purpose of the agreement in the executive summary.
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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