As we are all aware, Governor Walz’s Executive Order 20-79 effectively prohibits evictions during the Peace Time Emergency with no end currently in sight. However, evictions are permissible, after 7 days notice, under certain limited circumstances.
Executive Order 20-79 does not allow property owners, mortgage holders, or other persons entitled to recover residential premises to file an eviction action on the grounds that a residential tenant[1] remains in the property after a notice of termination of lease, after a notice of non-renewal of a lease, after a material violation of a lease, after the termination of the redemption period for a residential foreclosure, or after nonpayment of rent.
However, this suspension does not include eviction actions where the tenant: a. Seriously endangers the safety of other residents; b. Violates Minnesota Statutes 2019, section 504B.171, subdivision 1; (Crime Free Addendum); c. Remains in the property past the vacate date after receiving a notice to vacate or non-renewal under paragraph 4 of this Executive Order (where the Property Owner or his/her family member is moving into the Property); or d. Materially violates a residential lease by the following actions on the premises, including the common area and the curtilage of the premises: i. Seriously endangers the safety of others; or ii. Significantly damages property.
This effectively allows a Property Owner to evict if the tenant is endangering other residents, seriously endangers the safety of others, significantly damages the Property, or, engages in a criminal activity on the premises including drug use/possession and/or possession of drug paraphernalia.
[1] Minn.Stat. §504B.001, Subd. 12., defines “Residential Tenant” as a person who is occupying a dwelling in a residential building under a lease or contract, whether oral or written, that requires the payment of money or exchange of services.