The proposed legislation to phaseout the eviction moratorium in Minnesota is zigzagging its way through the legislature and is subject to change. The phaseout is a step-by-step return to normalcy, but, will be complicated to navigate. The highlights of the proposed legislation are as follows:
20-79 Null and Void
After enactment of the statute, Executive Order 20-79 is null and void and the Governor is prohibited from issuing an order prohibiting or delaying eviction proceedings under chapter 504B for greater then a 30 day period without legislative approval. The Governor cannot delay evictions more than 30 days even to allow the legislature time to approve a greater extension of time.
THE PROPOSED SECTION BELOW EXPIRES 90 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT AND 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 seriouslyendangering 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 30 days after the date of enactment of this act, termination andnonrenewal of leases are permitted for those with outstanding rent, but who are ineligiblefor 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;
- 30 days after the date of enactment of this act, eviction actions are permitted for material violations of the lease other than nonpayment of rent; and
- 60 days after the date of enactment of this act, eviction actions are permitted for those with outstanding rent, but who are ineligible for rental assistance through the COVID-19 emergency rental assistance program;
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 provide information 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.
Share the following with all tenants in arrears over 30 days:
- the total amount due;
- the availability of any financial assistance programs for which the tenant may be eligible; and
- information about documents required by the city, county, state, or other entity toreceive financial assistance.
Eviction Actions Prohibited After Filing For Rental Assistance Until June 1, 2022
Until June 1, 2022 the filing of an eviction action based on nonpayment of rent against a tenant with a pending application for assistance through the COVID-19 emergency rental assistance program is prohibited.