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 have a court case scheduled in the next few weeks, you are probably wondering how the coronavirus pandemic is going to affect your hearing.  The short answer is that it depends on whether you have a hearing in state court or federal court. Here is what we know so far:

The Minnesota Supreme Court issued an order about court operations during the coronavirus pandemic. You can read the order for yourselves, but it basically says that trials already in progress where a jury is already empaneled will continue until conclusion.  However, no new jury trials – for cases not classified as super high priority or high priority – will be scheduled for the next 30 days.​

The state courts have classified cases into four different priority levels: super high priority, high priority, medium priority, and low priority. Super high priority and high priority cases are those that implicate a liberty interest , a public safety interest, or the protection of a constitutional right.

Here is the summary of the temporary procedures in place for processing cases from the court website:

All court facilities shall remain open. Service windows at court facilities will also remain open, and courts will continue to accept filings in all case types. The Judicial Branch discourages the public from making any non-essential visits to court facilities.
​

• All jury trials currently underway should continue until the trial is complete, regardless of case type.
• For case types designated “High Priority” or “Super High Priority” in the Limited Court Service Case Priorities List, all court proceedings should continue as normal. Courts will schedule new jury trials as needed in those case types. Wherever possible, courts should explore the use of ITV/remote technology to conduct these hearings. The order also eases restrictions on the use of these technologies currently in Court Rules.
• For case types designated “Medium Priority” or “Low Priority” in the Limited Court Service Case Priorities List, all court proceedings (except jury trials currently underway, or cases where a speedy trial has been demanded) will be suspended for 14 days. No new jury trials in these case types should be scheduled for the next 30 days.

If your case is classified as medium or low priority, you can almost count on having your hearing rescheduled.  As of today's date, I have had to medium priority hearings canceled, and there is an advisory on the court website to call the courthouse where your hearing is to see if your hearing has been canceled or rescheduled. That is a good idea, and probably the best advice: if you have a hearing coming up in the next few weeks, you should call the courthouse to see if your hearing is still on.

​You can download the actual documents here:
​ 

However, that order applies to state courts, and the federal judiciary is covered by a different system.  I recommend that you check the federal district court website at https://www.mnd.uscourts.gov/ or the bankruptcy court website at https://www.mnb.uscourts.gov/ for more information during this time.

​UPDATE 3/19/2020: I spoke with the the court administrator in Dakota County, and found out that hearings classified as medium or low priority will be scheduled for a hearing at the end of the month, if the Minnesota Supreme Court does not extend the moratorium. Depending on the kind of case you have, I expect that your hearing will be scheduled in mid April at the earliest.

However, that said, you are better off filing a case that has medium or low priority now, so that your hearing will be scheduled sooner. In other words, by filing now, you ensure that your case will be one of the first one scheduled, and not at the end of the line – at least as far as scheduling goes.

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 often asked whether a Christian landlord can evict a tenant. While I am not going to try to define what it means to be a Christian (because there are plenty of people who do that).  For me, it comes down to a simple rule: namely, treat others with courtesy and respect, and how you would like to be treated yourself. Maybe that is not Christian, but it is human.

It is important to remember that being a landlord, whether you are a Christian or no, means operating a business. You are in the business of providing housing to tenants. You might be in that business because you are or consider yourself to be a Christian. If a tenant fails to pay rent, violates the lease, or otherwise does not uphold their end of the bargain, then you should bring an eviction action.

The first question for a landlord to ask (one of the first questions that I ask any prospective client) is what the landlord wants to have happen. Does the landlord simply want the tenant to pay up, or does the landlord want the tenant to leave?  

There are probably three reasons that a landlord would consider bringing an eviction: failure to pay rent, lease violations, or a combination of the two. Sometimes, a failure to pay rent is caused by drug use. If the tenant is not paying the rent, then before bringing an eviction, the landlord should reach out to the tenant by telephone, email, text, or however the landlord and tenant communicate, and ask – point-blank – why the tenant is not paying the rent.

Tenants can have very good reasons for not paying the rent. Maybe they lost a job, got sick, had to care for a relative, or something else – but they cannot get away from the fact that the signed a contract to pay rent, usually on a monthly basis. If they do not pay the rent, and they are in violation of that contract – and you, as the landlord, cannot afford to have a tenant who does not pay the rent.

Sometimes a tenant can present a truly sympathetic situation, and simply need a little extra time to pay the rent. However, in that case, the landlord has to make a judgment call: namely, is it a sound business decision for the landlord to give the tenant a little extra time to pay? I once evicted a tenant who is confined to a wheelchair. He presented a very sympathetic situation, but was not a very sympathetic character.

However, if a tenant is violating the lease or the law, then I would not hesitate to bring an eviction. For example, the tenant might be illegally subletting their unit, damaging the landlord's property, using drugs on the premises, etc.  In that case, I do not think I would bother reaching out to the tenant. Rather, I would just bring an eviction action against that tenant.

​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 am often asked how many chances a landlord should give a tenant, typically to pay, to shape up, or otherwise comply with the lease. The short answer, at least in my view, is that the landlord should not give the tenant many chances at all, and consider bringing an eviction as soon as a tenant misses a rent payment or is otherwise behind in rent.

Indeed, I once had a landlord client who would send tenants a warning letter if a tenant did not paid the rent within the 5 day grace period. In that letter, the landlord would give the tenant an additional 5 days to pay to avoid an eviction.  If the tenant did not pay within the additional 5 days, then the landlord would instruct me to bring an eviction against that tenant.

Whenever I represent a landlord, the first thing I ask is what the landlord wants to have happen. Is the landlord okay with having the tenant pay up and stay, and if so – how much time will the landlord give the tenant to pay?  Perhaps the landlord just wants the tenant to move out. If the eviction has been brought for no other reason then nonpayment of rent, then the tenant has the right to "pay and stay." In other words, if there is no other reason in the complaint to evict other than the nonpayment of rent, then the tenant has the right to stay in the apartment by paying the unpaid rent. The judge can give the tenant up to seven days to do so, especially if the tenant has young children or an obvious physical or mental disability.

Once the landlord files an eviction, for whatever reason or reasons, the Court Administrator will schedule a hearing on that eviction within two weeks. The landlord is responsible for serving the tenant with notice of the eviction at lease seven days prior to the hearing and file proof of service with the Court Administrator.

At the hearing, one of four things can happen:

1. The tenant does not show up and the landlord wins by default;

2. The tenant shows up and the parties – the landlord and the tenant – are able to reach a settlement agreement. Most settlement agreements either involve the tenant paying a set amount of money according to a payment schedule or moving out by a certain date. If the tenant does not meet the requirements of the settlement agreement, then the landlord can get a writ of recovery – the order for the Sheriff to remove the tenant from the property;

3. The tenant shows up, but the parties are unable to reach a settlement agreement. In this case, if the tenant admits the allegations in the complaint, the judge will issue a writ, but can stay that writ for up to seven days; and

4. The tenant requests a trial. If the lease has been brought for unpaid rent alone, and there are no other allegations in the complaint other than unpaid rent, AND the tenant says that the reason they have not been paying rent is the condition of the premises, then the judge can require the tenant to deposit the amount of unpaid rent with the Court Administrator before getting a trial.

If the eviction has been brought for both unpaid rent and for some other reason, then the tenant does not have to pay rent into court to get a trial.

As it seems there is with everything in the law, there are two exceptions. First, if the landlord is a mobile home park, then special rules apply. Please see my blog post on how a mobile home park eviction differs from a regular eviction. Here is a link to that post:

http://balandlaw.com/blog/what-is-different-about-a-manufactured-home-eviction

Second, if the landlord has accepted rent – even a partial payment – after the date of a violation, that gives the tenant a defense to an eviction, unless the landlord has certain "magic language" in the lease to the effect that the landlord does not waive the right to evict after accepting a partial payment. Here is the "magic language" from the statute:

the parties agree that partial payment of rent in arrears which is accepted by the landlord prior to issuance of the order granting restitution of the premises pursuant to section 504B.345 may be applied to the balance due and does not waive the landlord's action to recover possession of the premises for nonpayment of rent.

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 am often asked when a landlord should evict a tenant. The short answer is that the landlord can bring an eviction as soon as the tenant violates the lease, either by not paying rent or by violating some other term of the lease (staying apartment past the lease and date [the technical term is "holding over"], illegal activity, etc.). Regardless of the reason or reasons the landlord is bringing an eviction, the landlord will be well served to have everything carefully documented in writing.

As it seems there is with everything in the law, there are two exceptions. First, if the landlord is a mobile home park, then special rules apply. Please see my blog post on how a mobile home park eviction differs from a regular eviction. Here is a link to that post:

http://balandlaw.com/blog/what-is-different-about-a-manufactured-home-eviction

Second, if the landlord has accepted rent – even a partial payment – after the date of a violation, that gives the tenant a defense to an eviction, unless the landlord has certain "magic language" in the lease to the effect that the landlord does not waive the right to evict after accepting a partial payment. Here is the "magic language" from the statute:

the parties agree that partial payment of rent in arrears which is accepted by the landlord prior to issuance of the order granting restitution of the premises pursuant to section 504B.345 may be applied to the balance due and does not waive the landlord's action to recover possession of the premises for nonpayment of rent.

Minn. Stat. 504B.291, subd. 1(c).

Whenever I represent a landlord, the first thing I ask is what the landlord wants to have happen. Is the landlord okay with having the tenant pay up and stay, and if so – how much time will the landlord give the tenant to pay?  Perhaps the landlord just wants the tenant to move out. If the eviction has been brought for no other reason then nonpayment of rent, then the tenant has the right to "pay and stay." In other words, if there is no other reason in the complaint to evict other than the nonpayment of rent, then the tenant has the right to stay in the apartment by paying the unpaid rent. The judge can give the tenant up to seven days to do so, especially if the tenant has young children or an obvious physical or mental disability.

Once the landlord files an eviction, for whatever reason or reasons, the Court Administrator will schedule a hearing on that eviction within two weeks. The landlord is responsible for serving the tenant with notice of the eviction at lease seven days prior to the hearing and file proof of service with the Court Administrator.

At the hearing, one of four things can happen:

1. The tenant does not show up and the landlord wins by default;

2. The tenant shows up and the parties – the landlord and the tenant – are able to reach a settlement agreement. Most settlement agreements either involve the tenant paying a set amount of money according to a payment schedule or moving out by a certain date. If the tenant does not meet the requirements of the settlement agreement, then the landlord can get a writ of recovery – the order for the Sheriff to remove the tenant from the property;

3. The tenant shows up, but the parties are unable to reach a settlement agreement. In this case, if the tenant admits the allegations in the complaint, the judge will issue a writ, but can stay that writ for up to seven days; and

4. The tenant requests a trial. If the lease has been brought for unpaid rent alone, and there are no other allegations in the complaint other than unpaid rent, AND the tenant says that the reason they have not been paying rent is the condition of the premises, then the judge can require the tenant to deposit the amount of unpaid rent with the Court Administrator before getting a trial.

If the eviction has been brought for both unpaid rent and for some other reason, then the tenant does not have to pay rent into court to get a trial.

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 typically do not represent 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.

What can you expect when you hire my office to evict a tenant? In the past 13 years, I have had one client express dissatisfaction with the way that I handled an eviction.  The short answer is that you can expect that your eviction will be filed within 24 – 48 hours of our initial contact (I will let you know if it is going to be any different), that the eviction hearing will be scheduled in about two weeks, that I will let you know when your tenant(s) are served,, and that I will check in with you probably the date before the hearing to see if anything has changed and make sure that we are both on the same page in regards to what you want to have happen.

When I first meet with a potential landlord client who wants to evict a tenant, one of the first questions I ask is, "What do you want to have happen?"  Most landlords either want the tenant to move out or pay up.  At the eviction hearing, I try to work out a settlement agreement with the tenants that accomplishes that goal.  If the landlord is present at the eviction hearing, then I obviously make sure that the proposed settlement agreement is okay with the landlord. If the landlord cannot be at the eviction hearing, for whatever reason, then I ask the landlord for acceptable settlement parameters – and use what the landlord told me that they want to have happen as a guidepost.

At the hearing, one of four things can happen:

1. The tenant does not show up and the landlord wins by default;

2. The tenant shows up and the parties – the landlord and the tenant – are able to reach a settlement agreement. Most settlement agreements either involve the tenant paying a set amount of money according to a payment schedule or moving out by a certain date. If the tenant does not meet the requirements of the settlement agreement, then the landlord can get a writ of recovery – the order for the Sheriff to remove the tenant from the property;

3. The tenant shows up, but the parties are unable to reach a settlement agreement. In this case, if the tenant admits the allegations in the complaint, the judge will issue a writ, but can stay that writ for up to seven days; and

4. The tenant requests a trial. If the lease has been brought for unpaid rent alone, and there are no other allegations in the complaint other than unpaid rent, AND the tenant says that the reason they have not been paying rent is the condition of the premises, then the judge can require the tenant to deposit the amount of unpaid rent with the Court Administrator before getting a trial.

If the eviction has been brought for both unpaid rent and for some other reason, then the tenant does not have to pay rent into court to get a trial.

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 over the past 13 years, 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.