Executive Order 20-14 suspends the right of residential landlords to bring an eviction action while the peacetime emergency declared by Governor Walz remains in effect. I bet that a lot of residential landlords - and many others - are wondering how long the peacetime emergency will last, and how long residential evictions will be suspended.
The original Executive Order 20-01 declaring the state of peacetime emergency was dated March 13, 2020, and states that "its duration is governed by Minnesota Statutes 2019, section 12.31, subdivision 2." That subdivision provides that "[a] peacetime emergency must not be continued for more than five days unless extended by resolution of the Executive Council up to 30 days."
In our case, the Executive Council voted to extend the peacetime emergency, so it is valid for 30 days, until April 13, 2020, as I read the statute and do the math. However, by the same subdivision, the legislature is empowered to extend the peacetime emergency beyond 30 days, and the Governor can call the legislature into special session if the legislature is not in session to do so.
In other words, if the legislature acts before April 13, 2020, the legislature can extend the length of the peacetime emergency, and the corresponding moratorium of evictions. However, all tenants - both residential and commercial - would be smart to pay their rent on time and even in advance while the peacetime emergency is going on because that guarantees that the tenant will have a place to stay.
Here are links to two articles I wrote on what landlords can do if a tenant does not pay the rent and what tenants should do if the tenant knows that he or she is going to have trouble paying the rent::
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
MAY 14, 2020 UPDATE: The Stay-at-Home Order will expire on May 18, 2020, but Executive Order 20-53 extended the peacetime emergency until June 12, 2020, - and the peacetime emergency may be extended again. As such, a residential landlord may not bring an eviction or terminate a residential lease until at least June 13, 2020.
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.
The original Executive Order 20-01 declaring the state of peacetime emergency was dated March 13, 2020, and states that "its duration is governed by Minnesota Statutes 2019, section 12.31, subdivision 2." That subdivision provides that "[a] peacetime emergency must not be continued for more than five days unless extended by resolution of the Executive Council up to 30 days."
In our case, the Executive Council voted to extend the peacetime emergency, so it is valid for 30 days, until April 13, 2020, as I read the statute and do the math. However, by the same subdivision, the legislature is empowered to extend the peacetime emergency beyond 30 days, and the Governor can call the legislature into special session if the legislature is not in session to do so.
In other words, if the legislature acts before April 13, 2020, the legislature can extend the length of the peacetime emergency, and the corresponding moratorium of evictions. However, all tenants - both residential and commercial - would be smart to pay their rent on time and even in advance while the peacetime emergency is going on because that guarantees that the tenant will have a place to stay.
Here are links to two articles I wrote on what landlords can do if a tenant does not pay the rent and what tenants should do if the tenant knows that he or she is going to have trouble paying the rent::
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
MAY 14, 2020 UPDATE: The Stay-at-Home Order will expire on May 18, 2020, but Executive Order 20-53 extended the peacetime emergency until June 12, 2020, - and the peacetime emergency may be extended again. As such, a residential landlord may not bring an eviction or terminate a residential lease until at least June 13, 2020.
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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