I am getting a lot of questions these days about whether Governor Walz will extend the emergency again. The short answer is yes, probably. The writing is on the wall:
Governor Walz is set to call the legislature into a second special session on Friday, July 10, 2020. A peacetime emergency can only be extended all the legislature is in session because only the legislature has the power to revoke a peacetime emergency declaration. The current peacetime emergency is scheduled to expire on July 12, 2020, but Governor Walz will likely extend it for another thirty days – before the legislature has a chance to adjourn.
It goes without saying that there are not sufficient for's in the legislature to and the current peacetime emergency. Perhaps the only way that the current peacetime emergency could be ended is if the legislature adjourned before Governor Walz had a chance to extend it. However, the legislature was very busy (apparently, doing a whole lot of nothing) for eight days during the first special session, and I can only imagine that second special session will be of a similar or longer duration.
Mind you, I am not complaining – even though a substantial part of my revenue comes from evictions and landlord-tenant matters. However, I think that my frustration pales in comparison to what landlords are feeling – I have spoken to many landlords who cannot evict a tenant who is not paying rent – and stopped paying rent even before the pandemic – due to the peacetime emergency, unless there is a violation of 504B.171 or the tenant is endangering someone else. Violation of Executive Order 20 – 14 carries criminal penalties, and I do not know of any landlords who would want to risk criminal prosecution.
What should tenants do?
Tenants should continue to pay rent when due, in full and on time. I would encourage any tenant who anticipates difficulty in making the next rent payment to reach out to their landlord and make appropriate arrangements. Communication is key. Tenants who need financial assistance should contact their County or visit https://applymn.dhs.mn.gov/.
Here is an article that I wrote a few weeks ago on what a tenant should do if the tenant will be unable to pay the rent:
https://balandlaw.com/blog/what-should-a-tenant-do-if-a-tenant-will-be-unable-to-pay-the-rent
What should landlords do?
Landlords should work with their tenants and be as flexible as possible, making payment arrangements as appropriate. I might even go so far as to reach out to tenants, to find out how they are doing during the pandemic. Regardless of whether the landlord or tenant initiates the conversation, the landlord should point the tenant to the Minnesota Department of Human Services website above and suggest other avenues for the tenant to get the rent paid.
If all else fails, and tenants are simply not communicating with the landlord, the landlord should contact my office for a consultation to see if it is possible to evict the tenants now, or if the landlord has to wait until the peacetime emergency expires to bring eviction, or if the landlord has any other options.
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.
Governor Walz is set to call the legislature into a second special session on Friday, July 10, 2020. A peacetime emergency can only be extended all the legislature is in session because only the legislature has the power to revoke a peacetime emergency declaration. The current peacetime emergency is scheduled to expire on July 12, 2020, but Governor Walz will likely extend it for another thirty days – before the legislature has a chance to adjourn.
It goes without saying that there are not sufficient for's in the legislature to and the current peacetime emergency. Perhaps the only way that the current peacetime emergency could be ended is if the legislature adjourned before Governor Walz had a chance to extend it. However, the legislature was very busy (apparently, doing a whole lot of nothing) for eight days during the first special session, and I can only imagine that second special session will be of a similar or longer duration.
Mind you, I am not complaining – even though a substantial part of my revenue comes from evictions and landlord-tenant matters. However, I think that my frustration pales in comparison to what landlords are feeling – I have spoken to many landlords who cannot evict a tenant who is not paying rent – and stopped paying rent even before the pandemic – due to the peacetime emergency, unless there is a violation of 504B.171 or the tenant is endangering someone else. Violation of Executive Order 20 – 14 carries criminal penalties, and I do not know of any landlords who would want to risk criminal prosecution.
What should tenants do?
Tenants should continue to pay rent when due, in full and on time. I would encourage any tenant who anticipates difficulty in making the next rent payment to reach out to their landlord and make appropriate arrangements. Communication is key. Tenants who need financial assistance should contact their County or visit https://applymn.dhs.mn.gov/.
Here is an article that I wrote a few weeks ago on what a tenant should do if the tenant will be unable to pay the rent:
https://balandlaw.com/blog/what-should-a-tenant-do-if-a-tenant-will-be-unable-to-pay-the-rent
What should landlords do?
Landlords should work with their tenants and be as flexible as possible, making payment arrangements as appropriate. I might even go so far as to reach out to tenants, to find out how they are doing during the pandemic. Regardless of whether the landlord or tenant initiates the conversation, the landlord should point the tenant to the Minnesota Department of Human Services website above and suggest other avenues for the tenant to get the rent paid.
If all else fails, and tenants are simply not communicating with the landlord, the landlord should contact my office for a consultation to see if it is possible to evict the tenants now, or if the landlord has to wait until the peacetime emergency expires to bring eviction, or if the landlord has any other options.
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.
RSS Feed