The State of Minnesota enacted a law providing for an eviction moratorium phaseout that went into effect on June 30, 2021. Here’s what landlords need to know about filing evictions based on nonpayment of rent:
Effective immediately, landlords can file evictions based on nonpayment of rent (after giving proper notice, discussed below) for tenants who:
- Refuse to apply for COVID-19 emergency rental assistance;
- Refuse to provide the landlord with information needed to apply for such assistance on their behalf; OR
- Refuse to provide proof they applied for such assistance.
Beginning September 12, 2021, landlords can file evictions based on nonpayment of rent (after giving proper notice) for tenants who are ineligible for COVID-19 emergency rental assistance.
On October 12, 2021, landlords can file evictions for any legal reason EXCEPT against tenants with a pending application for COVID-19 emergency rental assistance. This protection for tenants with pending applications expires on June 1, 2022, at which point all eviction actions will be allowed.
At least 15 days prior to filing an eviction action based on nonpayment of rent, the landlord must provide the tenant with written notice stating the following:
- The eviction moratorium has ended and the tenant may soon be subject to an eviction action;
- The total amount of rent past due; AND
- The tenant may be eligible for financial assistance through a COVID-19 emergency rental assistance program.
In that notice, it may also be wise to request proof the tenant applied for such financial assistance.
While this written notice requirement ends October 12, 2021, keep in mind that your lease or other laws may contain additional notice requirements.
The Center for Disease Control (CDC) extended their Order temporarily halting residential evictions to prevent the further spread of COVID-19 until July 31, 2021. The CDC expects this to be the final extension. Under the Order, a landlord may not evict any covered person from any residential property based on nonpayment of rent. Tenants must provide the landlord a written declaration indicating they meet the requirements of a “covered person.”
Additionally, the Coronavirus Aid, Relief, and Economic Security (CARES) Act still requires at least a 30-day notice to vacate prior to filing an eviction for certain properties, which includes: most rental units with any kind of federal subsidy – officially defined in the Violence Against Women Act, or under the rural housing voucher program under section 542 of the Housing Act of 1949 – or any buildings with a federally backed mortgage.
While this article sets out the basics of the Eviction Moratorium Off-Ramp, you should be aware that there may be exceptions or other laws that cover your situation. If you have questions or would like assistance with a pending eviction, please contact our office.