Landlords in Minnesota face two obstacles in evicting a tenant: namely, Sec. 4024 of the CARES Act and Executive Order 20-14. I will now discuss each in turn
Sec. 4024: CARES 4024 imposes a 120 day moratorium from the date of enactment (March 27, 2020) on evictions for nonpayment of rent, and provides that landlords cannot terminate a lease during the moratorium, but only if the tenant receives a housing voucher funded by federal dollars or the landlord's mortgage on the property is backed by a federal agency. Here is a link to Sec. 4024:
https://www.congress.gov/bill/116th-congress/house-bill/748/text#toc-H5FCB77F196104E7394A52A8F1DC5D1C2
Still, under CARES 4024, there is not a moratorium on evicting a tenant for reasons other than nonpayment of rent, even if the federal government is somehow involved with the tenant or property. However, if the rental unit is a "covered property" under CARES 4024, the landlord cannot give a notice to vacate until the expiration of the moratorium - July 28, 2020 as I calculate the date.
Executive Order 20-14: EO 20-14 saya that a landlord cannot - while the peacetime emergency is going on - bring an eviction action against a residential tenant unless the tenant is seriously endangering other tenants or violating the law. Likewise, landlords are prohibited from terminating a residential lease during the peacetime emergency unless the tenant meets an exception - seriously endangering other tenants or violating the law.
Further, County Sheriffs are prohibited from enforcing a Writ of Recovery - in other words, physically removing tenants - unless the Writ is designated as a priority Writ, which basically means that the tenant is endangering other tenants or violating the law. Here is a link to EO 20-14:
https://www.leg.state.mn.us/lrl/execorders/eoresults?gov=44
Landlords will need to be able to prove "serious endangerment" or a violation of law in order to proceed with an eviction during the peacetime emergency. To this end, I would recommend that landlords keep careful records of disturbances and call the local police department to see if the tenants have violated the law.
MAY 14, 2020 UPDATE: The Stay-at-Home Order will expire on May 18, 2020, but Executive Order 20-53 extended the peacetime emergency until June 12, 2020, - and the peacetime emergency may be extended again. As such, a residential landlord may not bring an eviction or terminate a residential lease until at least June 13, 2020.
Landlords have a lot of options, even with the moratorium on evictions in place, and that remains true. You may not be able to file an eviction, but there are ways short of filing an eviction to get your tenants to pay their rent or move out. 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.
Sec. 4024: CARES 4024 imposes a 120 day moratorium from the date of enactment (March 27, 2020) on evictions for nonpayment of rent, and provides that landlords cannot terminate a lease during the moratorium, but only if the tenant receives a housing voucher funded by federal dollars or the landlord's mortgage on the property is backed by a federal agency. Here is a link to Sec. 4024:
https://www.congress.gov/bill/116th-congress/house-bill/748/text#toc-H5FCB77F196104E7394A52A8F1DC5D1C2
Still, under CARES 4024, there is not a moratorium on evicting a tenant for reasons other than nonpayment of rent, even if the federal government is somehow involved with the tenant or property. However, if the rental unit is a "covered property" under CARES 4024, the landlord cannot give a notice to vacate until the expiration of the moratorium - July 28, 2020 as I calculate the date.
Executive Order 20-14: EO 20-14 saya that a landlord cannot - while the peacetime emergency is going on - bring an eviction action against a residential tenant unless the tenant is seriously endangering other tenants or violating the law. Likewise, landlords are prohibited from terminating a residential lease during the peacetime emergency unless the tenant meets an exception - seriously endangering other tenants or violating the law.
Further, County Sheriffs are prohibited from enforcing a Writ of Recovery - in other words, physically removing tenants - unless the Writ is designated as a priority Writ, which basically means that the tenant is endangering other tenants or violating the law. Here is a link to EO 20-14:
https://www.leg.state.mn.us/lrl/execorders/eoresults?gov=44
Landlords will need to be able to prove "serious endangerment" or a violation of law in order to proceed with an eviction during the peacetime emergency. To this end, I would recommend that landlords keep careful records of disturbances and call the local police department to see if the tenants have violated the law.
MAY 14, 2020 UPDATE: The Stay-at-Home Order will expire on May 18, 2020, but Executive Order 20-53 extended the peacetime emergency until June 12, 2020, - and the peacetime emergency may be extended again. As such, a residential landlord may not bring an eviction or terminate a residential lease until at least June 13, 2020.
Landlords have a lot of options, even with the moratorium on evictions in place, and that remains true. You may not be able to file an eviction, but there are ways short of filing an eviction to get your tenants to pay their rent or move out. 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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