There have been a lot of updates to the eviction moratorium, so we wanted to post some information. Full details are available at https://homelinemn.org/phaseout/
Background
Minnesota’s COVID-19-based eviction moratorium suspended evictions and landlord-initiated lease terminations from March of 2020 through June 30, 2021 (Executive Orders 20-79, 20-73, and 20-14) and was replaced by Minnesota Session Law 2021, 1st Special Session, Chapter 8 H. F. No. 4, Article 5 (note, you must scroll down to view Article 5). This law created a timeline for when different types of lease terminations and evictions were allowed, while still providing some protections against specific types of evictions.
Almost all of the eviction moratorium and phaseout protections have now ended, except for one key part: tenants who have a pending application for COVID-19 emergency rental assistance are specifically protected from an eviction for nonpayment of rent through June 1, 2022. While this does not stop a landlord from terminating a lease or evicting for many other reasons, tenants who are behind on rent should IMMEDIATELY contact 2-1-1 to see if they qualify for a COVID-19 emergency rental assistance program. Note that the primary statewide program RentHelpMN.org stopped taking new applications as of 1/28/22. However, there are some local programs with similarly eligible assistance that may be taking applications, so depending on your location, it is a good idea to contact 2-1-1 to see if there is a program you can apply for. Tenants who are behind on electric or gas bills, or facing a utility shutoff should apply through the Energy Assistance Program.
Key points
There are three important things to know:
- Minnesota’s COVID-19 related suspension of evictions and landlord-initiated lease terminations is over. Landlords can now terminate a lease and/or file an eviction for many reasons, whether the tenant believes they are true or not.
- If an eviction is filed in court, the tenant should receive a court summons. The tenant MUST show up to (virtual/Zoom) court for any scheduled eviction hearing, whether they have a pending rental assistance application or not. An eviction is almost certain to occur if the tenant does not show up to their hearing. Tenants should seek legal advice about their situation before their court hearing. In some cases, tenants may be eligible for free legal representation in court.
- Tenants who are behind on rent should IMMEDIATELY contact 2-1-1 to see if they qualify for a COVID-19 emergency rental assistance program. Applying for certain types of COVID-19 rental assistance can protect tenants from an eviction action for nonpayment of rent while they are waiting for their application to be processed and the money paid out. This protection lasts until June 1, 2022, but only for those tenants who have pending applications, so applying for this assistance is essential. Tenants should also keep their landlord updated about the status of any pending application. The primary statewide program RentHelpMN.org stopped taking new applications as of 1/28/22. However, there are some local programs with similarly eligible assistance that may be taking applications (for example, in Ramsey County & Washington County)—so depending on your location, it is a good idea to contact 2-1-1 to see if there is a program you can apply for. Tenants who are behind on electric or gas bills, or facing a utility shutoff should apply through the Energy Assistance Program.
FAQ on Minnesota Eviction Moratorium Phaseout
What is the difference between an eviction and terminating or not renewing a lease?
An eviction is a court case filed by the landlord. A tenant will be certain they have an actual eviction action filed against them if they receive paperwork that has a court case number assigned, and a court date and time. The landlord’s agent is required to serve the eviction court papers to the tenant at least 7 days before the hearing. This must be done by direct personal delivery of the court papers, or by both mailing the court papers to the tenant and posting the court papers at the rental unit.
A notice of termination (also referred to sometimes as a notice to vacate or a notice to quit) or non-renewal doesn’t involve the courts. These are all written notices (in some cases an email may be sufficient), instructing the tenant to leave by a certain date. In these cases, the landlord is simply informing the tenant that the term of their lease will end (and it might state why), and are demanding the tenant leave within the timeframe indicated in their lease.
In both evictions and lease terminations, it’s a wise step for a tenant to seek out legal advice immediately because the eviction or lease termination may be invalid for many reasons.
When are lease terminations or lease non-renewals allowed?
As of October 12, 2021, a landlord can end a lease for any legal reason, with the appropriate written notice if required in the lease, or the written notice required under MN Stat. 504B.135 for a “tenancy at will” and/or a month-to-month lease term.
Lease terminations and/or lease non-renewals can still proceed even if a tenant has a pending application with a COVID-19 emergency rental assistance program.
When are evictions allowed?
As of October 12, 2021, all types of legal eviction filings are allowed EXCEPT for non-payment of rent evictions for tenants who have pending application with a COVID-19 emergency rental assistance program. This does not prevent evictions from being filed or proceeding unless the tenant attends their court hearing and asserts a defense (such as demonstrating they have a pending application).
On June 1, 2022, all types of legal evictions are allowed, no exceptions. Minnesota landlord/tenant law reverts to what it was prior to the pandemic.
Who is protected against eviction for nonpayment until June 1, 2022? What is considered a COVID-19 emergency rental assistance program?
Tenants who are behind on rent and have applied for assistance through a COVID-19 emergency rental assistance program. Tenants who apply through other rent/financial/emergency assistance programs that are not funded by specific federal laws are not protected under Minnesota’s phaseout rules. To be eligible under Minnesota’s phaseout rule, an assistance program must be funded by the federal Consolidated Appropriations Act, 2021, Public Law 116-260, or the federal American Rescue Plan Act, 2021, Public Law 117-2. Note that the primary statewide program RentHelpMN.org stopped taking new applications as of 1/28/22. However, there are some local programs with similarly eligible assistance that may be taking applications (for example, in Ramsey County & Washington County)—so depending on your location, it is a good idea to contact 2-1-1 to see if there is a program you can apply for.
What about the federal eviction moratorium?
The Federal CDC eviction moratorium is no longer in effect because it was struck down by the U.S. Supreme Court on August 26, 2021.