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.

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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.

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.

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.