The laws affecting landlords have been changed drastically in Minnesota. Most of the new laws are effective on January 1, 2024. I am sure that a question that is in the front of the mind of many landlords is whether a landlord should have a new lease. The short answer is that you should probably have a legal professional review your existing lease to see if it meets the requirements of the new laws, and advise you on how to make it comply if it does not. If your existing lease is really old and has been not been updated in a long time, you might want to consider having a legal professional draft a new lease for you.

Tenants have a laundry list of new rights, and landlords have a laundry list of new obligations, which I have discussed in a different  blog post:

https://balandlaw.com/blog/summary-of-new-landlord-tenant-laws-in-minnesota

I am also teaching a seminar on these changes at noon on September 8, 2023: ​​https://balandlaw.com/blog/tim-teaches-free-seminar-on-new-laws-impacting-landlords-and-tenants-in-minnesota

The question is what changes do landlords need to make to their existing leases to make them comply with the new law. What follows is a summary of the requirements for leases starting on January 1, 2024:.  More specifically, does the lease:

• contain a specific provision prohibiting the landlord from requiring pet declawing or devocalization;
• list all non-optional fees on the first page
• notify the tenant of the right to request a move in and move out inspection, the right to waive that right, and the timelines for requesting or waiving
• require the landlord to provide 24 hours advance notice of intent to enter for a non-emergency reasonable business purpose, provide that the landlord can only enter between the hours of 8 AM and 8 PM, and state that the landlord must provide an approximate window of time for entry
• provide that the rental premises will be kept at a minimum temperature of 68°F from October 1 – April 30
• provide the timelines for renewing the lease and specify the method for renewing
• provide the criminal conduct that occurs off of the rental premises is not grounds for eviction unless (1.) the conduct would constitute a crime of violence against another tenant, the tenant’s guest, the landlord, or the landlord’s employees, regardless of whether a charge was propped or condition contained or (2.) the conduct results in a conviction of a crime of violence against a person unrelated to the premises.
• permit tenants to legally possess cannabis, but prohibit tenants from smoking or vaping the same
• provide the conditions under which a tenant or “authorize” representative can terminate the lease due to the infirmity of the tenant

Like I said, landlords have a laundry list of new obligations to comply with, and would be smart to have a legal professional review their existing lease and perhaps draft a new lease based on the new requirements. Tenants do not have any new obligations – only a lot of new rights. You guessed it, I wrote a blog post on having a legal professional review or rewrite an existing lease:

​https://balandlaw.com/blog/should-a-landlord-pay-an-attorney-to-draft-a-lease-or-review-a-lease-drafted-by-the-landlord

I will be happy to meet with a landlord to review an existing lease and advise whether that lease needs to be revised, or if the landlord needs a brand-new lease.  ​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. 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.




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Should a landlord use artificial intelligence to bring an eviction or end a lease? I'm not going to mention specific AI platforms by name, but there are a many free or low-cost artificial intelligence platforms available. Why shouldn't landlords use them? After all, artificial intelligence platforms are, for the most part, free, and much less expensive than hiring an attorney. The short answer is that these artificial intelligence platforms may provide you with general information, but do not replace a solution that is tailor-made for your situation.

Landlords (and tenants, for that matter) may be drawn to using artificial intelligence for advice about the landlord tenant relationship, how to end it, and when to bring an eviction. To test this, I recently did a search on "how to end a lease in Minnesota."  What I got back was a whole bunch of general information that would apply in just about any situation, and was not particularly helpful.

I think that artificial intelligence will replace attorneys anytime soon because, ultimately, a landlord or tenant is looking for information that applies to their particular situation, not generalized information that could apply to anybody. In fact, what the artificial intelligence platform came up with was probably not the best course of action, even in general.
 
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. 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.

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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I bet that a lot of landlords and tenants are asking why a tenant should pay the rent if the landlord cannot bring an eviction action. On March 23, 2020, Governor Walz of Minnesota issued an executive order barring Minnesota landlords from initiating in eviction action for a residential eviction or terminating a residential lease, unless the termination is for a violation of 504B.171 or if the tenant is seriously endangering the safety of other residents.. Further, Walz ordered County Sheriffs not to enforce Writs of Recovery – the order of the court for the Sheriff to remove the tenant from the property – unless it was a priority Writ.

The short answer is that if tenants allow several months of unpaid rent to accumulate, then the amount owed will be too big of a financial burden for the tenants to bear at one time. In other words, if tenants skip paying the rent for several months and the state of civil emergency is suddenly lifted, then tenants will immediately owe that rent but be unable to pay the amount owed in a lump sum.  That is why tenants should continue to pay their monthly rent.

Clearly, landlords and owners of residential properties cannot bring an eviction under the executive order. However, landlords and owners of commercial properties could bring an eviction. However, regardless if the property is residential or commercial, the County Sheriff will not enforce any Writ of Recovery that is not a priority Writ.

Tenants should make every effort to pay their rent in full, on time, and when due.  I would encourage any tenant who anticipates difficulty in making the next month's rent payment to reach out to the landlord and make arrangements to get the rent paid. For example, I know some landlords who have split the rent into two – or even three – payments during the course of a month as an accommodation to a tenant.

​I would encourage tenants to apply for unemployment benefits and seek financial assistance as soon as possible, anticipating that the agencies that provide these services will be overwhelmed with applications.  Tenants can seek financial assistance for paying the rent from:

Anoka County Housing Resource Line
(763) 324-1215

Anoka County Economic Assistance
(763) 422-7200

Tenants have signed a contract to pay rent in exchange for a place to live.  At the same time, landlords should be sympathetic to the plight of tenants who have lost jobs or been furloughed due to COVID 19.  If I were a landlord, and tenants came to me saying that they were going to have a problem paying the next month's rent, I would first refer them to the resources above and second try to work out some kind of a flexible payment arrangement, to ensure that the rent is paid in full on the schedule that will work for the tenants.  I would make sure that any such flexible payment arrangement is in writing, with specific dates that payments will be made.

Landlords will almost inevitably ask if they should accept a partial payment of rent, or wait until rent is paid in full. If a landlord excepts a partial payment, then the landlord waives the right to bring an eviction for that month – unless there is certain magic language in the lease. Here is an article that I wrote on accepting a partial payment:

https://balandlaw.com/blog/should-a-landlord-accept-rent-from-a-tenant-after-starting-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.

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 whether a landlord should let a tenant fall 3 or 4 months behind in rent before bringing an eviction.  The short answer is no, and that the landlord should bring an eviction immediately as soon as rent is late.  This may sound harsh, but if the landlord waits to bring an eviction until 3 or 4 months of rent are owed, then the tenant is unlikely to be able to pay the total amount due.

Several years ago, I had a landlord client whose lease provided for a 5 day grace period. In other words, although rent was technically due on the first day of the month, the tenants had until the 5th of the month to pay.  On the 6th of the month, I could almost always count on getting an email or a voicemail instructing me to bring evictions against the tenants that have not paid.

That is why a landlord wants to bring an eviction as soon as the rent is late.  Of course, there are other reasons – primarily lease violations – why a landlord would want to bring an eviction against a tenant. In most circumstances, I would recommend bringing that eviction (and not accepting any additional rent payments) immediately, and not wait to see if the situation gets better on its own.

For example, a landlord may have a situation where a tenant is disturbing other tenants by making noise during official quiet hours. In that instance, I would probably recommend that the landlord communicate  with the tenant, preferably in writing, state that the landlord has received complaints about the tenants behavior, and that the landlord will not have a choice but to bring an eviction if the noise is not rectified.

Tenants may also be using or dealing drugs in the rental property, or otherwise violating the law. I would always recommend that the landlord or other tenants call the police when there is suspected illegal activity. What the landlord should do depends on what proof the landlord has of the alleged illegal activity.

Tenants will almost always request a trial if the landlord brings an eviction because of lease violations.  In other words, the tenant will say to the landlord, "prove that I violated the lease." The difference between an eviction for unpaid rent and an eviction for other lease violations is that the judge can order the tenant to deposit the unpaid rent into court in order to get a trial, but that is not the case if a landlord brings in eviction both for unpaid rent and for other lease violations.

That is why I always ask the landlord what the landlord wants to have happen. In other words, does the landlord just want the tenant to pay up, or does the landlord want to be rid of the tenant? Sometimes, the landlord just wants the tenant to get caught up, but sometimes it is just best if everybody goes their separate ways.

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. I DO NOT REPRESENT RESIDENTIAL TENANTS. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control.

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.

A report recently published in Minnesota Post insinuated that greater Minnesota had an eviction "problem." In addition, a report by HOMEline, a tenants' rights organization, said that renters were evicted were "displaced" from their rental housing. Here are links to both articles:

https://www.minnpost.com/economy-0/2018/06/greater-minnesota-s-eviction-problem

https://homelinemn.org/5709/evictions-in-greater-minnesota-report/​

My perspective on both of these articles is that a lease is a contract, like any other. If you break a contract that you have signed, you generally can count on being sued, either for money damages or to enforce the contract.  If you sign a contract saying that you will pay a certain amount of money per month in exchange for housing, and do not make that payment, you can reasonably expect to be sued in an eviction action because if you will not pay the rent, somebody else will.

Yes, persons who are evicted are "displaced" from their rental property, and such persons can count on  the fact that an eviction was filed will show up on their background report, and potentially affect their ability to obtain rental housing in the future, employment, and/or other opportunities. However, I really think that tenants need to think about the potential consequences of not paying the rent before deciding to spend the rent money on something else.

A landlord always has to remember that being a landlord is a business, not a charity. In other words, a landlord owns rental property as an investment and for income. If a tenant is not paying the rent, they are not helping the landlord to pay down the mortgage or increasing the landlord's cash flow. In fact, a tenant who does not bother to pay the rent is a liability for the landlord, and the landlord needs to get rid of that tenant as quickly as possible. In other words, the tenant is a "problem."

In Minnesota, the way that a landlord can legally get rid of a problem tenant is through the court process called eviction or unlawful detainer. If the rental property is owned by a corporation, limited liability company, or partnership, then the landlord has to be represented by an attorney. Individual landlords can represent themselves, but I would strongly recommend that individual landlords hire an attorney to represent them in court.

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 763-450-9494 to discuss their unique situation. I DO NOT REPRESENT RESIDENTIAL TENANTS. 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) 450-9494 to set up an appointment to discuss your situation.
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I am often asked if a landlord should pay an attorney to draft a lease or have an attorney review a lease drafted by the landlord? The short answer is a resounding yes, and I will explain why in a this blog post.

In today's world, it is almost too easy for a landlord to find a free lease on the Internet or purchase a lease either online or in a store. A Google search on "Minnesota Lease Agreement" retrieved about 774,000 results (0.55 seconds) The problem is that such leases tend to be drafted very generally, and do not adequately protect the landlord's rights under Minnesota law.

For example, without specific language in the lease, the landlord cannot bring an eviction after accepting a partial payment of rent. Suppose that rent is $1000 per month, but that the tenant has not paid rent for 2 months and owes $2000. Normally, the landlord could bring an eviction based on the nonpayment of rent, but if the landlord has accepted a partial payment – say, $500 – from the tenant, then the landlord is unable to evict unless specific language is in the lease.

Minnesota law tends to favor tenants and not landlords. However, a lease agreement can be drafted in such a way to protect landlords, and maximize their advantages under the law. That is why I generally recommend that a landlord pay an attorney to draft a lease – just so that the landlord can protect themselves under the law. Even if the landlord finds a "free" lease on the Internet or elsewhere, I would recommend having an attorney review that lease to make sure that it comports with the requirements of the law in Minnesota and adequately protects the landlord's rights.

Paying an attorney to draft for review a lease is relatively inexpensive, but the cost of having an agreement that is open to challenge can be expensive, especially if that agreement has to be defended.  I do not want to be glib, but a landlord can choose to pay a little bit now or pay more later. If a landlord attempts to evict a tenant and there is a question about the validity of the lease, the tenant will almost undoubtedly request a trial.

If that happens, the landlord should expect to pay an attorney to handle the trial – which will be considerably more than the cost of having a lease drafted or reviewed by an attorney in the first place.  For this reason alone, I would encourage every landlord to either have an attorney draft a lease or review a lease drafted by the landlord.

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 763-450-9494 to discuss their unique situation. I DO NOT REPRESENT RESIDENTIAL TENANTS. 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) 450-9494 to set up an appointment to discuss your situation.