If you own a Minnesota rental property or are a tenant of a Minnesota rental property you’ll want to read the executive order on the suspension of evictions.  It also deals with a foreclosure moratorium on pending and future foreclosures.

It states that all residential landlords must cease terminating residential leases during the pendency of the emergency, except where the termination is due to the tenant seriously endangering the safety of other residents or for violations of MN Statute 504B.171, subd. 1 (which deals with illegal activity on the premises).  It also states that persons entitled to recovery of premises (whether due to termination of lease, expiration of redemption period for a residential foreclosures, breach of lease (other than as previously noted), or nonpayment of rent), the ability to file an eviction action is suspended.  This suspension does not relieve a tenant’s obligation to pay rent but is intended to allow households to remain sheltered during the peacetime emergency.

From the Executive Order: 

“This suspension will allow households to remain sheltered during the peacetime emergency. Nothing in this Executive Order relieves a tenant’s obligation to pay rent. This suspension does not include eviction actions based on cases where the tenant seriously endangers the safety of other residents or for violations of Minnesota Statutes 2019, section 504B.171, subdivision 1.

Regrading Foreclosure Moratorium:

“Financial institutions holding home mortgages are requested to implement an immediate moratorium on all pending and future foreclosures and related evictions when the foreclosure or foreclosure-related eviction arises out of a substantial decrease in income or substantial out of pocket medical expenses caused by the COVID-19 pandemic, or any local, state or federal governmental response to COVID-19. Financial institutions are also strongly urged not to impose late fees or other penalties for late mortgage payments related to the COVID-19 pandemic.”

Here is the link to the acutal executive order.

 

What should you do if you own a rental property? 

You should seek legal advice immediately if you are planning to terminate a lease. Do this so that you don’t subject yourself to criminal charges.  Tenants can still comply with the terms of the lease and move out. But if you find your self in a difficult situation you really need legal advice.

 

Stay well! More updates to come.

 

suspension of evictions during covid-19