Can Minnesota Tenants be Evicted During Covid-19?

The eviction process can be confusing and stressful even in the best of times. The advent of Covid-19 and Governor Walz’s subsequent executive order limiting evictions has made that process even more complicated. As of the time of this article, Governor Walz’s Executive Order 20-79 is in effect, limiting evictions to very specific circumstances.

In normal times, a landlord may bring an eviction against a tenant who has failed to pay rent, or for a variety of other issues. However, Executive Order 20-79 limits evictions to a narrow range of topics, and does not allow landlords to bring evictions for non-payment of rent.

Landlords may bring an eviction if:

• A tenant seriously endangers the safety of other residents;

• Violates specific laws relating primarily to drug use; or

• Materially violates a lease by seriously endangering the safety of others or significantly damaging the property.

If a landlord attempts to bring an eviction that does not qualify under these provisions or others set out in Executive Order 20-79, they may be charged with a misdemeanor punishable by up to 90 days in jail and/or a $1,000.00 fine. However, tenants are still responsible for rent under this order and landlords may sue tenants for unpaid rent. It is important for both landlords and tenants to be aware of the restrictions of Executive Order 20-79 and to take care in following those provisions. Executive Order 20-79 is likely to remain in place for the foreseeable future.

If you have questions regarding your rights or abilities under Executive Order 20-79, call the Minnesota landlord-tenant attorneys at RAM Law PLLC for a free consultation.