The End of the Minnesota Eviction Moratorium

The Minnesota Eviction Moratorium Is Ending, What Happens Now?

During the Covid-19 Pandemic, Minnesota enacted an eviction moratorium that suspended landlords’ ability to bring most evictions. However, in June 2021, the Minnesota legislature passed an “off-ramp” to the moratorium which has allowed landlords to gradually bring evictions against tenants. The final piece of the “off-ramp” expires on June 1st, and many Minnesota landlords and tenants are now wondering about what rights they have.

As of June 1, 2022, Minnesota’s Covid-19 Related Eviction Suspension is Over

While landlords have been able to evict tenants for most legal reasons since October 2021, June 1st marks the point where landlords no longer must worry about pending rental assistance. The final piece of the Minnesota eviction moratorium prohibited landlords from evicting tenants for failing to pay rent, where the tenant had a pending application for rental assistance. Most commonly tenants had applications pending through RentHelpMN, while some tenants utilized other programs. The United States federal government disbursed a large amount of financial aid to tenants during this time, to assist them in paying for rent.

While these programs are not gone, and many applications are still pending, tenants who have a pending application through RentHelpMN or a similar program may now be evicted for failing to pay rent. This means that Minnesota landlords must weigh whether to wait out a pending application or to take immediate action and evict a non-paying tenant.

Can a Minnesota Landlord Terminate a Tenant’s Lease?

Minnesota landlords may terminate a tenant’s lease as otherwise permissible under Minnesota law and their lease. There are no further prohibitions due to Covid-19 concerning terminating tenants’ leases, and the prohibitions that were in place expired in October 2021. This means that landlords can terminate a tenant’s lease for any lawful purpose as otherwise noted in Minnesota law.

What About Pending Rental Assistance Applications?

Both landlords and tenants should carefully consider how to proceed if there is a pending rental assistance application. While there are no legal reasons why a landlord could not evict a tenant with a pending rental assistance application after June 1st, in some cases it may be wise for a landlord to wait for rental assistance to be paid out. Depending on the status of the application, a landlord may stand to receive thousands of dollars in aid that they would otherwise be forced to later sue the tenant for. Additionally, many rental assistance programs will no longer pay back-rent if the tenant moves or no longer resides at the property. While is may make sense for the landlord to still evict a tenant in this situation, the landlord should carefully consider the financial impact that this may have.

What About the Federal Eviction Moratorium?

The federal CDC eviction moratorium was struck down by the United States Supreme Court in August, 2021. This means that those federal prohibitions against eviction are no longer effective.

How Do I Evict a Non-Paying Tenant?

The Minnesota eviction process is complex, even without the added burdens of an eviction moratorium. Minnesota landlords who are seeking to evict a tenant should consult with an experienced eviction attorney before proceeding with an eviction case against a non-paying tenant. If you are involved in an eviction matter or are seeking advice before commencing an eviction, call the Minnesota landlord-tenant attorneys at RAM Law PLLC to set up a free consultation.