Since March 23, 2020, an eviction moratorium has been in place in Minnesota with respect to the ability to commence most eviction actions. On June 29, 2021, Governor Walz signed legislation, known as Chapter 8–H.F. No. 4, to provide for, among other things, a phaseout of the eviction moratorium and establishing requirements and timelines for landlords to commence residential evictions. The law is in effect as of June 30, 2021 and will be in place through October 12, 2021.
Evictions
- An eviction is currently permitted, if any of the following is satisfied:
- If the tenant is seriously endangering the safety of others;
- If the tenant is significantly damaging property;
- If the tenant is violating Minn. Stat. 504B.171, subd. 1; or
- Allowing certain illegal activities at the property, such as controlled substances, prostitution, unlawful use/possession of firearm, or stolen property on the leased premises.
- If, after the landlord sends a written notice to the tenant, sent 15-days prior to filing an eviction, for the non-payment of rent for a tenant who is are eligible for a COVID-19 emergency rental assistance, and the tenant:
- Refuses to apply for COVID-19 emergency rental assistance;
- Refuses to give their landlord information needed to apply for COVID-19 emergency rental assistance on the tenant’s behalf; or
- Refuses to provide their landlord with proof the tenant applied for COVID-19 emergency rental assistance through a program.
- Starting July 14, 2021, a landlord can additionally commence an eviction for:
- Material violations of the lease
- This does not include non-payment of rent (see above and below).
- Starting September 12, 2021, a landlord can commence evictions for non-payment of rent:
- If, after the landlord sends a written notice to the tenant, sent 15-days prior to filing an eviction, the tenant has outstanding rent and the tenant is ineligible for rental assistance through a COVID-19 emergency rental assistance program.
- Starting October 12, 2021, all evictions are allowed except for an eviction for the non-payment of rent when the tenants have applied for COVID-19 emergency rental assistance and are waiting on a response. For tenants with pending applications for rental assistance, tenants must provide the landlord or court with proof of a pending application and reason for delay, if any, in processing the tenants’ application. The prohibition against commencing an eviction against tenants with pending COVID-19 emergency rental assistance applications expires on June 1, 2022.
Termination of Leases and Non-renewal of Leases
- The following bases for a termination of a lease or a non-renewal of a lease are currently permitted:
- At the request of the tenant;
- If the tenant is seriously endangering the safety others;
- If the tenant is significantly damaging property;
- If the tenant is violating Minn. Stat. 504B.171, subd. 1; or
- Allowing certain illegal activities at the property, such as controlled substances, prostitution, unlawful use/possession of firearm, or stolen property on the leased premises.
- For material violations of the lease other than non-payment of rent.
- Starting August 13, 2021:
- If a tenant has outstanding rent and is ineligible for rental assistance through a COVID-19 emergency rental assistance program.
15-day Notice to Tenants
- Prior to filing an eviction for nonpayment of rent (when permitted) a written notice, sent 15-days prior to filing an eviction, must be provided and state:
- The State eviction moratorium has ended, and the tenant may soon be subject to an eviction action;
- The amount of rent past due; and
- That the tenant should visit www.renthelpmn.org or call 211 to see if they are eligible for financial assistance.
- The requirement to send the 15-day notice will expire on October 12th.
Expiration
The phaseout provisions will expire on October 12th, at which time the provisions of Minnesota Statutes Chapter 504B will apply, as were already in effect, with the exception of tenants with pending applications for rental assistance, which will expire on June 1, 2022.