Tim is leading a discussion on the financial resources available for small businesses during the COVID 19 pandemic on Monday, April 6, 2020 from 4 - 5 PM.  The discussion will cover both state and federal financial resources, and will be held by way of Zoom videoconferencing.

​Advance registration is required.  To register, please visit:

https://zoom.us/meeting/register/vp0tf-qqrTguhxN2mossd1MoLG5ENTqYIg

If you or someone you know might be interested in this meeting, please register or forward this invitation, as appropriate.

Also, please remember that Tim is working from home but open for business during this pandemic.  You can always reach Tim by calling or texting (763) 290-0445.  Tim always says that if he cannot help you himself, he will know someone who can.

Thanks!

Today is April 2, 2020, and many landlords are probably wondering what to do if their tenants do not pay the rent.  Under Governor Walz's Executive Order 20-14, landlords cannot bring an eviction against residential tenants for nonpayment of rent during the peacetime emergency.  However, even with this prohibition, landlords are not entirely without options.

This probably sounds strange to say coming from an attorney who represents landlords, but I would encourage any tenant who anticipates difficulty in paying the rent to reach out to landlords with a plan for getting the rent paid, and a specific schedule for making payments.  Tenants should make every effort to pay the rent, because - if a tenant skips paying the rent for as long as the peacetime emergency lasts - that tenant will owe a lot of money when the peacetime emergency is lifted.

Tenants should apply for unemployment, if appropriate, and seek other financial assistance to get the rent paid.  Here is a blog post that I wrote on why tenants should pay the rent, with a link to Anoka County Economic Assistance:

https://balandlaw.com/blog/what-should-a-tenant-do-if-a-tenant-will-be-unable-to-pay-the-rent

If a tenant who is having difficulty paying the rent does not reach out to the landlord, the landlord may wish to consider contacting the tenant.  Landlords might want to consider applying for economic assistance themselves.  Here is a link to a summary of financial resources generally available to Minnesota businesses that may be available to landlords:  Landlords should always remember that being a landlord is running a business, and they may qualify for financial assistance.  Anyway, here is the link:

https://mn.gov/deed/newscenter/press-releases/#/detail/appId/1/id/425890

 I said at the beginning that landlords were not entirely without 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.  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.

I bet a lot of tenants right now are unemployed and wondering how they are going to manage to pay the rent.  Landlords are probably wondering the same thing because, typically, the landlord depends on receiving rent from the tenants to pay the mortgage.

Tenants who find themselves unemployed should not wait to apply for unemployment benefits.  In other words, tenants who are unemployed should apply for unemployment benefits immediately, sooner rather than later.

Normally, I address landlords in my blog posts, but this time I am going to address tenants  If you know you are going to have a problem paying the rent, you should reach out to your landlord, and have a specific plan for getting the rent paid.  Most landlords will work with you on a plan to get your rent paid.  Also, here is a link to Anoka County Economic Assistance:

https://www.anokacounty.us/193/Economic-Assistance

Many tenants may know that Governor Walz suspended the right of landlords of residential tenants to bring an eviction, unless the eviction is for a violation of Minn. Stat. 504B.171 or the tenany is endangering themselves or others.  Still, tenants should continue to pay the rent, even if the landlord's right to evict is temporarily suspended.  Her is a log post that I wrote on the subject:

https://balandlaw.com/blog/why-should-a-tenant-pay-the-rent-if-the-landlord-cannot-bring-an-eviction

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.

.

UPDATE: GOVERNOR WALZ OF MINNESOTA ANNOUNCES MORATORIUM ON EVICTIONS

By executive order, Governor Walz announced a moratorium of evictions.  Landlords cannot bring an eviction while the Covid 19 pandemic is going on.  Here is the text from the press release:

Providing housing stability for Minnesota families at a time of financial uncertainty, Governor Walz signed Executive Order 20-14 to suspend eviction proceedings during the COVID-19 peacetime emergency. Loss of housing is catastrophic at any time, and during the COVID-19 pandemic, this loss endangers the health and well-being of all Minnesotans. While this order clarifies that tenants who can continue to pay rent during the peacetime emergency should continue to do so, landlords and financial institutions cannot begin eviction proceedings that would remove tenants from stable housing.

I have not seen or read the actual order, so I don't know if there are any exceptions for public safety where a tenant is presenting a danger to themselves or to other persons, but – for now – there is a moratorium on new evictions for the duration of the pandemic.

IMPORTANT UPDATE: I have now read the order, and it makes an exception for evictions brought because a tenant is seriously endangering the safety of other residents for violations of 504B.171, subd. 1.  In addition, landlords are prohibited from terminating a residential lease as long as the peacetime emergency lasts. Further, if a County Sheriff holds a Writ of Recovery, the deputy is prohibited from enforcing it unless it is a priority Writ.  A Writ is considered "priority" if it is "based on an eviction action under section 504B.171, or on the basis that the defendant is causing a nuisance or seriously endangers the safety of other residents, their property, or the plaintiff's property."

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.

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.

In the coming days and weeks, I suspect that a lot of landlords will be asking the question: "What should I do if my tenant says that they cannot pay the rent due to coronavirus?"  Most tenants have probably paid rent for March by now, but April – and then May – are looming on the horizon.

Governments have already closed many public establishments in an effort to contain the coronavirus. I bet that a lot of workers will be furloughed and perhaps laid off if these containment measures continue for a long time.  If workers lose income, they will have difficulty paying the rent.

This will put landlords in a difficult quandary. After all, the tenant signs an agreement to pay a certain amount of rent per month in exchange for a place to live. If the tenant reaches that contract, then the tenant should expect to be evicted.

The question is what the landlord can and should do. The landlord can reach out to the tenant and offer a flexible payment plan, such as splitting the rent into two monthly payments in order to make it more manageable.  If the landlord knows of resources that the tenant might be able to use to get the rent paid, then the landlord should point goes out to the tenant.

However, the burden is on the tenant here. If the tenant anticipates having difficulty in paying the rent, then I think the tenant needs to be the person to reach out. The burden is not on the landlord. I think that the tenant should:

1.stay in communication with the landlord, and let the landlord know if they are going to have a problem paying the rent;

2. in touch with the county social services agency to see if they can get assistance; and

3. Contact church groups or other such humanitarian organizations to see if they can provide any help.

For their part, I think that landlords should be sympathetic if a tenant is not able to pay the rent because of coronavirus. However, tenants need to understand that the landlord is not running a charity – and still has to pay the mortgage. Rather, the landlord is running a business.  Tenants need to make every effort to get the rent paid – or they will face eviction, coronavirus or no.  

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.

If you are anything like me, you are probably wondering how you are going to financially weather the COVID 19 storm.  Depending on the length and severity of the shutdown, both individuals and businesses will be affected. Individuals will be furloughed or outright lose their jobs, and businesses will lose income.

COVID-19 is upending lives, destroying businesses, and making life more difficult for all of us,  the important thing to remember is that we are all in this together.  The pandemic will affect us all, some more than others, and some will have to – or be forced to – declare bankruptcy in order to survive.   

Declaring bankruptcy does not mean that you are giving up.  Rather, you are taking a positive step to end your debt. Bankruptcy is not surrendering to your creditors; it is really using the law to give you a fresh start.   Filing for bankruptcy will put a stop to collection calls, collection letters, and – if your bank accounts, wages, or other property were garnished or levied within 90 days of the date that you file – may mean that you either get money or property back.

Individual persons can file for either chapter 7 or Chapter 13 bankruptcy. Individuals who make their living from farming or fishing have a few different options as well. Small businesses are limited to filing for Chapter 7, although businesses can also file for chapter 11 if the business is going to continue after filing – but chapter 11 is far beyond the scope of this blog post. Nevertheless, I will be happy to refer you to a colleague who can help you determine if chapter 11 is right for you.

Personally, I like chapter 7 better because it wipes all of your debts out at once and is a lot faster than chapter 13. However, your net income (your gross income after payroll deductions and expenses) has to be below a certain level for your family size in order for you to qualify for Chapter 7 bankruptcy.

I prefer to file for Chapter 7 bankruptcy on behalf of the debtor, unless there is a good reason for choosing chapter 13 bankruptcy. A good reason for choosing chapter 13 would be if the debtor makes too much money to qualify for Chapter 7, or if the debtor has a lot of equity in a house.  Your bankruptcy attorney will be able to explain to you the differences between chapter 7 and Chapter 13, and which one is a better option for you.

Baland Law Office, P.L.L.C. represents consumer and small business debtors in both Chapter 7 and Chapter 13 bankruptcy proceedings. Please note that only individual debtors can file for Chapter 13 bankruptcy relief, but not businesses.  Please call (763) 290-0445 to schedule an appointment to discuss your situation today and find out whether declaring bankruptcy is the right option for you!

DISCLAIMER: Baland Law Office, P.L.L.C. is a debt-relief agency, and Timothy H. Baland, Esq. is a debt-relief agent.  We help people like you to obtain bankruptcy relief.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  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.