Minnesota Eviction Moratorium: Advice for Landlords

Minnesota’s COVID-19-related eviction ban has been extended. While the move by Gov. Tim Walz certainly offers continued relief for financially-strapped renters, it likely has created a hardship for property owners who are also feeling the sting of the coronavirus recession. This blog will provide an update of the Minnesota eviction moratorium and offer advice to landlords as they navigate through this challenging time.

Edina Landlord-Tenant Dispute Attorneys 

The Minnesota litigation attorneys at Morris Law Group, P.A. are experts in landlord-tenant disputes, representing either side fairly and swiftly to bring about a solution that is cost-effective, upright, and beneficial to our clients. Every situation is different, and we understand the law even when it changes – temporarily or in state statute. If your tenants are refusing to pay, you do have options once the ban is lifted – and now. Property owners have rights, too. Give our Edina attorneys a call at (612) 895-1629 or fill out our confidential contact form to set up a free consultation. We can help.

Our attorneys have fought for landlord rights in lease agreements, evictions, lease modifications, property maintenance, repairs, and safety, housing discrimination, and more.

Minnesota Eviction Moratorium 

Minnesota Executive order 20-79 went into effect Aug. 4. The ban was originally announced shortly after the pandemic broke out this spring. Originally, the temporary moratorium put a stop to evictions and notices to vacate for renters who were and are late to pay rent in the wake of the novel coronavirus outbreak. Essentially, Minnesota landlords cannot force people to vacate their homes if they can’t afford their monthly rent during these troubled times. If a landlord does pursue eviction or other aggressive collection tactics, he or she can be charged for violating the governor’s executive order. Minnesota is one of 15 states who have issued such orders forbidding evictions as the COVID-19 pandemic continues to affect livelihoods across the country.

Update to Eviction Ban for Landlords 

There is some recourse for property owners. The newest update allows landlords to evict tenants who have “significantly damaged property” or if the property manager or their family needs to move into the building. Tenants can still be evicted if they “seriously” endanger the safety of others or engage in other illegal activity, such as prostitution or drug use on the property.

Again, the order includes the following stipulations that landlords should understand:

• Nothing in the order relieves a tenant’s obligation to pay rent.

• The order does not include evictions actions where the tenant:

• Puts other residents in danger.

• Violates state statues that prohibit unlawful behavior and actions.

• Damages the property.

• The order does not apply to a landlord who terminates or doesn’t renew a lease because they or their family members have to move into the property.

What Can I Do As a Landlord During the Eviction Moratorium? 

Many property owners have questions regarding their rights and any action they can take to ensure rent collection once the ban lifts. The first step is to call an experienced Minneapolis landlord rights attorney to file any necessary paperwork and prepare to take steps once the moratorium comes to an end. And it will. For now, here are some common questions you, as a landlord, might have.

Q. Can I file an eviction in court or move to terminate a lease while the ban is in place? 

A. No. This order suspends the ability to file an eviction or terminate a lease unless the property is damaged, a crime is being committed there, or you need to move in yourself.

Q. If an eviction or lease termination was approved before March 1, 2020, and the resident is still residing on the premises, are they required to move out? 

A. No. This order temporarily suspends the landlord’s recovery of the premises unless the property is damaged, a crime is being committed there, or you need to move in yourself.

Q. What if the tenant cannot pay the rent or is behind on rent?

A. As a landlord, you should try to work with your tenant. Encourage them to pursue local emergency assistance funds, or work out a reasonable payment plan.

Q. What can a landlord do if a tenant still hasn’t paid by the time the ban lifts? 

A. Once the moratorium ends, you are entitled under the law to pursue legal action to collect back rent. A real estate attorney can help you draft the necessary paperwork and contact local authorities to get the process started as quickly as possible.

Q. Are tenants still required to pay rent? 

A. The ban doesn’t give renters the right to skip their rent payments because they feel like it. It doesn’t allow them to live for free. The executive order only prevents them from being evicted if they have failed to pay. Renters are obligated to pay rent under the terms of their leases.

Q. If I have a pending eviction action in court, will I need to restart that process, or will it automatically continue after the suspension ends? 

A. The order suspends the execution of a writ, so if a household is evicted during the public health emergency, they cannot be forcibly removed from the property. However, the court administrator has the power to determine how to handle pending eviction cases. Your attorney can help find the answers you need.

Minnesota Rental Property Law 

Hopefully, your tenants will work out a payment arrangement with you and catch up on what they owe. But if not, we can help.

About Morris Law Group, P.A. 

Integrity and trust is the foundation of our practice. Our passion for client success is matched only by our experience, our reputation for excellence, and our deep understanding of each and every client’s individual needs.

At Morris Law Group, we don’t just counsel our clients. We invest in them.

We’ve been serving the Edina and Twin Cities communities since 2002. Our attorneys provide personalized, cost-effective legal services to clients seeking help in real estate, business development, commercial litigation, and other matters.

Our experienced Edina attorneys believe that relationships matter, whether a client is trying to navigate a purchase agreement, get a business off the ground, or dissolve a partnership. Our lawyers appear regularly in state and federal court, in administrative hearings, and in various alternative dispute resolution forums, including mediation and arbitration.

Morris Law Group is the top Minnesota law firm for all of your real estate and business legal needs. We advocate for our clients with professionalism, vigor, and with a results-driven approach.

Morris Law Group, P.A. an Edina, MN based law firm serving the Minneapolis, Saint Paul and Western Wisconsin, Twin Cities Minnesota metro area.

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