June 29, 2021 marked the beginning of the end of the COVID-19 eviction suspensions in Minnesota. The State of Minnesota passed Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H.F. No. 4, Article 5. This law, which has come to be known as the Eviction Moratorium Phaseout, sets forth six different phases where Minnesota landlords re-accumulate their rights which were suspended through the Governor’s Emergency Orders in 2020 and 2021.
The Eviction Moratorium Phaseout primarily gives back rights in two ways (1) allowing for lease terminations and (2) allowing for evictions. The phases are as follows:
PHASE 1 – June 30, 2021
Landlords may terminate and refuse to renew leases where:
- The tenant requests the termination
- Termination is due to tenant seriously endangering the safety of others
- Termination is due to tenant significantly damaging property
- Violations of Minn. Stat. 504B.171, Subdivision 1
- Material Violations of the lease other than non-payment of rent
Landlords may file evictions where:
- Termination is due to tenant seriously endangering the safety of others
- Termination is due to tenant significantly damaging property
- Violations of Minn. Stat. 504B.171, Subdivision 1
- A tenant is behind on rent and refuses to apply for COVID-19 assistance
- A tenant is behind on rent and refuses to give landlord the information necessary to apply for COVID-19 emergency rental assistance
- A tenant is behind on rent and refuses to provide proof that they applied for emergency rental assistance
PHASE 2 – July 14, 2021
Landlords can file evictions for material violations of the lease other than non-payment of rent.
PHASE 3 – August 13, 2021
Landlords may terminate and refuse to renew leases where tenant is behind on rent and ineligible for COVID-19 emergency rental assistance.
PHASE 4 – September 12, 2021
Landlords may file evictions where tenant is behind on rent and ineligible for COVID-19 emergency rental assistance
PHASE 5 – October 12, 2021
Landlords may terminate and refuse to renew leases for any legal reason with appropriate notice under the lease.
Landlords may file evictions for any legal reason except for non-payment of rent where the tenant has a pending COVID-19 emergency rental assistance application.
PHASE 6 – June 1, 2021
All protections for tenants with pending COVID-19 emergency rental assistance applications expire.
For landlords wishing to evict a tenant based on non-payment of rent before October 12, 2021, a 15 day notice prior to filing the eviction is required to be sent to the tenant. This notice must include the following information:
- The state eviction moratorium has ended and the tenant may soon by subject to an eviction action
- The total amount of past due rent
- The tenant should visit renthelpmn.org or call 211 to see if they are eligible for financial assistance
In addition to this notice, other federal law as well as city ordinances may apply to the notice required to file an eviction. Federal, state, and city laws have been changing quickly during the COVID-19 pandemic. Dudley and Smith, P.A. has experienced landlord rights attorneys who have been working diligently throughout this pandemic to stay up to date on evolving laws and provide the best representation for landlords in eviction actions.
This post was created by Amber Stavig, a litigation attorney at Dudley and Smith, P.A. If you have questions about evictions or landlord tenant law, please contact Amber Stavig at 651-291-1717. Dudley and Smith, P.A. is a full-service law firm with offices in St. Paul, Bloomington, Blaine, Burnsville, Eagan, Eden Prairie, Roseville, White Bear Lake, and Woodbury.
The law is continually evolving and Dudley and Smith, P.A.’s blog posts should not be relied upon as legal advice, nor construed as a form of attorney-client relationship. Postings are for informational purposes and are not solicitations, legal advice, or tax advice. A viewer of Dudley and Smith, P.A.’s blog should not rely upon any information in the blog without seeking legal counsel.