I bet that a lot of landlords are wondering (with good reason) whether Governor Walz will extend the peacetime emergency again. The current peacetime emergency expires on Friday, June 12, 2020, and can only be extended if the legislature is in session.
The writing is on the wall, so to speak, because Governor Walz has called the legislature into special session at noon on the very day that the peacetime emergency expires. As such, I wouldn't be surprised if Governor Walz announced Friday afternoon that he was extending the peacetime emergency. The media has widely reported that the peacetime emergency will be extended, and all of the ducks are in a row for the extension to happen.
Smart money says that the peacetime emergency will be extended. Although the legislature has the power to end a peacetime emergency, I doubt that will happen. This is frustrating for landlords because Executive Order 20-14 prohibits landlords of residential properties from either bringing an eviction action or terminating a lease while the peacetime emergency is going on, unless there is a violation of Minn. Stat. 504B.171 or the tenants are seriously endangering others. Executive Order 20-73 clarified that the 504B.171 violations or serious endangerment can occur in the rental premises, in the common areas, or on the curtilage of (basically, the area immediately around) the rental property).
If that wasn't bad enough, CARES 4024 also contains a moratorium on evictions. Landlords need to be very careful to make sure they are complying with both moratoriums. Here is an article that I wrote on the state and federal eviction moratoriums:
https://balandlaw.com/blog/can-a-landlord-evict-a-tenant-under-sec-4024-of-the-cares-act-or-executive-order-20-14
However, landlords have at least a glimmer of hope in that Executive Order 20-14 makes clear that - even if a landlord cannot initiate an eviction action against residential tenants - that those same tenants still have to pay the rent. Even though landlords cannot evict residential tenants, rent is still due, and keeps accumulating if not paid.
At the same time, I get a lot of telephone calls from landlords whose tenants are not paying the rent asking what can be done. Landlords always have options, even with all of the eviction moratoriums flying around. Here are a couple of articles that I wrote on what landlords and tenants should do if the rent is not getting paid:
https://balandlaw.com/blog/what-should-a-landlord-do-if-a-tenant-does-not-pay-the-rent
https://balandlaw.com/blog/what-should-a-tenant-do-if-a-tenant-will-be-unable-to-pay-the-rent
It comes down to communication. On the one hand, tenants should continue to pay the rent. If a tenant knows that they will have difficulty in paying the rent, they should communicate with the landlord, preferably in writing (text or e-mail is fine), set up a payment plan if appropriate, and explain when and how the rent will get paid.
On the other hand, and this may sound strange coming from an attorney who represents landlords, I would encourage landlords to reach out to delinquent tenants and to be as flexible as possible. For example, breaking the rent payment up into two, three, or four smaller chunks, or maybe making the rent payment due weekly instead of monthly, may make it easier for tenants.
UPDATE JUNE 11, 2020 AT 5:30 PM: THE PEACETIME EMERGENCY HAS BEEN EXTENDED 30 MORE DAYS, UNTIL JULY 12, 2020.
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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