I bet that a lot of landlords are asking right now if they can bring an eviction against a tenant during the Covid 19 pandemic? The short answer is yes, with several restrictions. I wrote a blog post a couple of days ago on whether a landlord should bring such an eviction. Here is a link:
https://balandlaw.com/blog/what-should-a-landlord-do-if-a-tenant-says-they-cannot-pay-the-rent-because-of-coronavirus
Many landlords and tenants have probably heard of a moratorium on foreclosures and evictions ordered by President Trump. However, President trumps authority extends only to mortgages and leases that are backed by a federal agency. In other words, if a tenant receives Section 8 assistance through the Department of Housing and Urban Development, it is questionable in my mind whether that tenant can be evicted. Likewise, if a mortgage is backed by a federal agency, I do not think that mortgage can be foreclosed.
Landlords in Minnesota have two primary concerns. I will discuss each concern in more detail.
1. Bill: There is a bill circulating in the legislature that would impose a moratorium on evictions for 30 days, and gives the governor the authority to extend that moratorium for an additional 60 days. As of the date of this writing, that bill does not become law – yet. However, I expect that if the bill when is on the governor's desk it will become law, especially in the present crisis that we find ourselves in.
2. Courts: on March 23, 2020, the Minnesota Supreme Court issued an order that specifically addresses evictions. Basically, the order does not impose an additional moratorium on evictions, but does say that you are entitled to an in court room hearing (although parties and attorneys may appear remotely) if your complaint shows "individual or public health and safety at risk. The order goes on to say that "in all other housing/eviction matters, the presiding judge is authorized to conduct the proceeding remotely or based on the parties written submissions."
So, there is not a specific moratorium on the filing evictions, at least of the date of this writing. I filed an eviction earlier this week and was told that it would not be scheduled for a hearing until at least March 27, 2020. As such, I would expect the hearing to be in mid April.
However, if the bill that was discussed previously lands on the governor's desk, the governor will sign it – and impose a moratorium on evictions. In the meantime, landlords are not specifically prohibited from filing evictions, although evictions that implicate a public safety concern will have priority, and I would not expect that the hearing for any eviction would be scheduled before the end of the month.
No one wants to evict a tenant in the midst of a pandemic. As such, I would encourage landlords to reach out to tenants and informed tenants of the resources that might be available to help them pay the rent. There are many such resources, but here is a good starting point, at least for tenants in Anoka County:
https://www.anokacounty.us/3474/I-am
Landlords are not entirely without resources as well. Here is a good place to start, at least in Anoka County:
https://www.anokacountysuccess.org/covid-19-anoka-county-business-resources/
In addition, landlords may want to see if they are eligible for a low interest loan from the Small Business Administration.
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.
https://balandlaw.com/blog/what-should-a-landlord-do-if-a-tenant-says-they-cannot-pay-the-rent-because-of-coronavirus
Many landlords and tenants have probably heard of a moratorium on foreclosures and evictions ordered by President Trump. However, President trumps authority extends only to mortgages and leases that are backed by a federal agency. In other words, if a tenant receives Section 8 assistance through the Department of Housing and Urban Development, it is questionable in my mind whether that tenant can be evicted. Likewise, if a mortgage is backed by a federal agency, I do not think that mortgage can be foreclosed.
Landlords in Minnesota have two primary concerns. I will discuss each concern in more detail.
1. Bill: There is a bill circulating in the legislature that would impose a moratorium on evictions for 30 days, and gives the governor the authority to extend that moratorium for an additional 60 days. As of the date of this writing, that bill does not become law – yet. However, I expect that if the bill when is on the governor's desk it will become law, especially in the present crisis that we find ourselves in.
2. Courts: on March 23, 2020, the Minnesota Supreme Court issued an order that specifically addresses evictions. Basically, the order does not impose an additional moratorium on evictions, but does say that you are entitled to an in court room hearing (although parties and attorneys may appear remotely) if your complaint shows "individual or public health and safety at risk. The order goes on to say that "in all other housing/eviction matters, the presiding judge is authorized to conduct the proceeding remotely or based on the parties written submissions."
So, there is not a specific moratorium on the filing evictions, at least of the date of this writing. I filed an eviction earlier this week and was told that it would not be scheduled for a hearing until at least March 27, 2020. As such, I would expect the hearing to be in mid April.
However, if the bill that was discussed previously lands on the governor's desk, the governor will sign it – and impose a moratorium on evictions. In the meantime, landlords are not specifically prohibited from filing evictions, although evictions that implicate a public safety concern will have priority, and I would not expect that the hearing for any eviction would be scheduled before the end of the month.
No one wants to evict a tenant in the midst of a pandemic. As such, I would encourage landlords to reach out to tenants and informed tenants of the resources that might be available to help them pay the rent. There are many such resources, but here is a good starting point, at least for tenants in Anoka County:
https://www.anokacounty.us/3474/I-am
Landlords are not entirely without resources as well. Here is a good place to start, at least in Anoka County:
https://www.anokacountysuccess.org/covid-19-anoka-county-business-resources/
In addition, landlords may want to see if they are eligible for a low interest loan from the Small Business Administration.
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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