I bet a lot of landlords right now are wondering if they can file evictions under the new Executive Order 20 – 79. The short answer is a definite maybe. While 20 – 79 is more expensive and gives landlords a little bit more room than its predecessors, there are still some serious limitations and restrictions on the ability of the landlord to bring an eviction.
As of August 4, 2020, Executive Orders 20 – 14 and 20 – 73 become null and void. Here is a link to an article that I wrote on those executive orders: https://balandlaw.com/blog/can-a-landlord-evict-a-tenant-under-sec-4024-of-the-cares-act-or-executive-order-20-14. However, landlords cannot automatically evict a wayward tenant on August 5, 2020.
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
Can a landlord evict a tenant if the tenant is not paying the rent under 20 – 79? Probably not, unless the landlord also has grounds for the eviction under 20 – 79 and has given the tenant at least 7 days advance notice (longer if the lease requires a longer notice period) of the intent to file an eviction.
What Should a Tenant Do if the Tenant Will Have Difficulty Paying Next Month's Rent? The short answer is that tenants should keep paying their rent. Here is a link to blog post that I wrote on that subject:
https://balandlaw.com/blog/what-should-a-tenant-do-if-a-tenant-will-be-unable-to-pay-the-rent
In addition, Governor Walz announced that he would make $100 million available "for a program to provide housing assistance to prevent evictions and maintain housing stability." I don't know any other details of that program, but tenants should should make sure to apply and use those funds to pay the rent.
Under 20-79, County Sheriffs can execute Writs of Recovery (the order from the court for the Sheriff to remove the tenant from the property, but only in 3 situations: (1.) priority Writs; (2.) Writs issued before March 24, 2020 at 5 PM; and (3.) Writs issued in evictions brought for one of the 4 reasons listed above.
However, perhaps the most troubling part of 20 – 79 is that the Executive Order says that the right of landlords to bring an eviction is suspended, but does not limit that suspension or otherwise tie it to a particular occurrence or event, like the previous moratorium was linked directly to the peacetime emergency, and you knew that the eviction moratorium lasted as long as the peacetime emergency lasted.
Whether this is an oversight or intentional, I do not know. If it is an oversight, I would almost expect Governor Walz to issue another order clarifying 20 – 79 to make it clear that the eviction moratorium had some link to the peacetime emergency.
Landlords are not without options, even under the executive order. 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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As of August 4, 2020, Executive Orders 20 – 14 and 20 – 73 become null and void. Here is a link to an article that I wrote on those executive orders: https://balandlaw.com/blog/can-a-landlord-evict-a-tenant-under-sec-4024-of-the-cares-act-or-executive-order-20-14. However, landlords cannot automatically evict a wayward tenant on August 5, 2020.
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
Can a landlord evict a tenant if the tenant is not paying the rent under 20 – 79? Probably not, unless the landlord also has grounds for the eviction under 20 – 79 and has given the tenant at least 7 days advance notice (longer if the lease requires a longer notice period) of the intent to file an eviction.
What Should a Tenant Do if the Tenant Will Have Difficulty Paying Next Month's Rent? The short answer is that tenants should keep paying their rent. Here is a link to blog post that I wrote on that subject:
https://balandlaw.com/blog/what-should-a-tenant-do-if-a-tenant-will-be-unable-to-pay-the-rent
In addition, Governor Walz announced that he would make $100 million available "for a program to provide housing assistance to prevent evictions and maintain housing stability." I don't know any other details of that program, but tenants should should make sure to apply and use those funds to pay the rent.
Under 20-79, County Sheriffs can execute Writs of Recovery (the order from the court for the Sheriff to remove the tenant from the property, but only in 3 situations: (1.) priority Writs; (2.) Writs issued before March 24, 2020 at 5 PM; and (3.) Writs issued in evictions brought for one of the 4 reasons listed above.
However, perhaps the most troubling part of 20 – 79 is that the Executive Order says that the right of landlords to bring an eviction is suspended, but does not limit that suspension or otherwise tie it to a particular occurrence or event, like the previous moratorium was linked directly to the peacetime emergency, and you knew that the eviction moratorium lasted as long as the peacetime emergency lasted.
Whether this is an oversight or intentional, I do not know. If it is an oversight, I would almost expect Governor Walz to issue another order clarifying 20 – 79 to make it clear that the eviction moratorium had some link to the peacetime emergency.
Landlords are not without options, even under the executive order. 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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