Eviction "Off Ramp", Inflation and Famine?
Channel: Verde Real Estate Group
Date: 2021-07-16

Local perspectives on the Real Estate Industry by Scot Pekarek
612-600-8888
scot@verde-realestate.com
From Matt Engel Attorney:
Matt Engel
The Engel Firm, PLLC
Union Plaza
333 Washington Avenue North
Suite 300
Minneapolis, MN 55401
W: 612-373-7060
F: 612-465-6211
www.theengellawfirm.com
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Below is a summary of the new legislation passed relating to the eviction moratorium.  I've highlighted in bold the changes that were not part of the old executive order, and that provide additional avenues to take action.
Here is a link to the actual bill: http://wdoc.house.leg.state.mn.us/leg/LS92/1_2021/HF0004.1.pdf.
 The following actions are prohibited:

Termination or non-renewal of residential leases; EXCEPT
Seriously endangering the safety of others or significant damage to property;
Crime free violations of 504B.171, subd. 1;
Material violations of the lease other than non-payment of rent.
After 45 days of the enactment of the law, for those with outstanding rent who are ineligible for rental assistance.
Filing of eviction actions under 504B.285 (breach of lease) or 504B.291 (non-payment of rent); EXCEPT
Seriously endangering the safety of others or significant damage to property;
Crime free violations of 504B.171, subd. 1;
After 15 days of the enactment of the law, for material violations of the lease other than non-payment of rent;
After 75 days of the enactment of the law, for those with outstanding rent who are ineligible for rental assistance through a Covid-19 rental assistance program.
Termination of residential rental agreements specific to mobile home parks (327C.09);
Delivery of security interest default notices specific to mobile home parks (327.64).
Notwithstanding the restrictions above, a landlord may file an eviction or proceed with an eviction against a tenant:
Who is eligible for assistance through a Covid-19 rental assistance program; and
Who refuses to apply for assistance through the program, refuses to provide information needed by the landlord to apply for assistance on the tenant’s behalf, or refuses to provide the landlord with proof that the tenant applied for assistance through the program.
At least 15 days prior to filing an eviction against a tenant based on nonpayment of rent, a landlord must provide a written notice to the tenant with the following information:
The state eviction moratorium has ended and the tenant may soon be subject to an eviction action;
The total amount of rent past due is $_____;
The tenant should visit RentHelpMN.org or call 211 to see if they are eligible for financial assistance.
All of the above expire after 105 days of the enactment of the law.

Notwithstanding anything above, the filing of an eviction action or proceeding with an eviction action based on nonpayment of rent against a tenant with a pending application for assistance through a Covid-19 emergency rental assistance program is prohibited.

If the tenant reasonably has access to the information, the tenant must provide the landlord or court with proof of a pending application and reason for a delay, if any, in processing the tenant’s application.
This law expires on June 1, 2022.