Four Frequently Asked Questions About Minnesota Evictions

Frequently Asked Questions About Minnesota Evictions

Does Minnesota still have a Covid-19 eviction ban?

The short answer to this is no. As Covid-19 swept over Minnesota, Governor Walz issued an executive order imposing an “eviction moratorium.” This meant that most evictions were stopped and evictions could only be brought in very limited circumstances. However, in June 2021, the Minnesota legislature ended this eviction moratorium and replaced it with an eviction moratorium “phase-out” that allowed landlords to begin to evict some tenants. As of this article, this phase-out is still in place, and will last until June 1, 2022. As of this date, all final moratorium restrictions will be lifted.

What is the difference between lease termination and eviction?

Lease termination is a process that a tenant or landlord may undergo informally. Depending on the terms of a lease, a landlord or tenant can provide notice to the other that they intend to terminate the lease. This process does not involve the court and is based on the contract between the landlord and tenant. However, if a tenant does not move out of the property after a lease is terminated, a landlord can bring an eviction action in court. This involves both the landlord and tenant going to court and may involve the decision-making power of a judge or referee. An eviction case may have long-lasting consequences on a tenant’s ability to rent in the future.

What defenses are there to an eviction action?

Minnesota law provides numerous defenses to eviction actions. These defenses can be quite complex and range from landlord retaliation, waiver of claims, or even failure to provide valid notice. There are dozens of varying eviction defenses, many of which may not be obvious at first glance.

Many Minnesota tenants are able to obtain legal aid assistance due to income eligibility, while many landlords do not share similar representation. This can sometimes put landlords at a disadvantage when it comes to fighting back against tenant defenses. If a tenant is successful in raising an eviction defense, a landlord’s eviction case may be dismissed and the landlord may be even responsible for reimbursing the tenant for their costs.

Does a tenant need to be given notice before an eviction is filed?

It depends. In most cases, often depending on what the lease says, landlords do not need to give tenants notice if they are filing an eviction for nonpayment of rent, some specific tenant violations of Minnesota law, or for a tenant’s material breach in the lease. Some leases provide differently, so this does vary from situation to situation. However, if a landlord intends to evict a tenant because that tenant has not vacated the property, the landlord must give the tenant a proper notice to leave the property. Notice requirements in Minnesota can often be complex, and Minnesota law strictly requires that landlords provide this notice. If notice is incorrectly provided, that notice is totally ineffective and a landlord must start the entire process over again, beginning with providing a correct notice. It is very important to do this right the first time, to avoid potentially lengthy and costly delays.

Minnesota evictions can involve a great degree of complexity, particularly for landlords seeking to evict a tenant. If you are involved in an eviction, RAM Law PLLC’s eviction attorneys, based in Roseville, Minnesota, are available to assist you through this process. Call 651-468-2103 or fill out our consultation form to set up your free time to speak with one of our eviction attorneys.