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EVICTION MORATORIUM HAS ENDED!

THE SECTION BELOW WAS ENACTED JUNE 29, 2021 AND EXPIRES 105 DAYS THEREFROM, OR, October 12, 2021 AFTER WICH EVICTIONS WILL RETURN TO NORMAL.

Circumstances where Termination or Non-renewal of Leases are Allowed

  • At the request of a tenant or where the termination is due to the tenant seriously endangering the safety of others or significantly damaging property;
  • For violations under the Crime Free Addendum;
  • For material violations of the lease other than nonpayment of rent; and
  • From and after 45 days after the date of enactment of this act (August 13, 2021), termination and nonrenewal of leases are permitted for those with outstanding rent, but who are ineligible for rental assistance.

Circumstances where Evictions are Allowed

  • Where the tenant seriously endangers the safety of others or significantly damages property;
  • For violations of the Crime Free Addendum;
  • 15 days after the date of enactment of this act (July 14, 2021), eviction actions are permitted for material violations of the lease other than nonpayment of rent; and
  • 75 days after the date of enactment of this act (September 22, 2021), eviction actions are permitted for those with outstanding rent, but who are ineligible for rental assistance through the COVID-19 emergency rental assistance program;
  • 105 days after the date of enactment of this act (October 12, 2021), eviction actions are permitted for those holding over after foreclosure of a mortgage, after a sale of the property on an execution or judgment (such as an association lien) and after termination of a contract for deed all after the applicable redemption periods have expired;

Additional Special Rules for Manufactured Home Park Lot Rental Evictions or Lease Terminations

Termination of a residential rental agreement or filing an eviction action under Minnesota Statutes, section 327C.09 are still prohibited, except for terminations or eviction actions under Minnesota Statutes, section 327C.09, subdivision 3 (tenant receives required notice of an ordinance or statutory  violation), or under Minnesota Statutes, section 327C.09, subdivision 5, if the case is based on the resident endangering the safety of other residents or park personnel; and

Delivery of default notices by owners of security interests in manufactured homes located in Minnesota pursuant to Minnesota Statutes, section 327.64. A secured party is also prohibited from commencing an action for a court order to remove an occupant from a manufactured home.

Other Circumstances Where A Landlord May File an Eviction Action Against a Tenant Eligible for Assistance

  • Tenants that refuse to apply for assistance through the program, refuse to provideinformation needed by the landlord to apply for assistance on the tenant’s behalf, or refusesto provide the landlord with proof that the tenant applied for assistance through the program.

Emergency Rental Assistance Notification

 15 days prior to filing and eviction action against a tenant for non-payment of rent, a landlord must provide written notice to the tenant of the following information:

  • The State eviction moratorium has ended and the tenant may soon be subject to an eviction action;
  • The total amount of past due rent;
  • A tenant should visit renthelpmn.org or call 211 to see if they are eligible for financial assistance. the availability of any financial assistance programs for which the tenant may be eligible;

If the court finds substantial compliance with this section, failure to strictly comply is not a defense.

All of the above expires 105 days after enactment

Kelly Griffitts is an experienced landlord tenant lawyer serving Anoka, Dakota, Hennepin, Ramsey, Scott, and Washington counties in Minnesota.  Schedule an appointment with Kelly to get started or to learn more.

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