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.