Can I Evict A Tenant For Not Paying Rent?

Less than two years ago, this question was never asked. The answer was clear a clear “Yes.” Nonpayment of rent has historically been the most common reason for landlords to evict tenants, and up until the advent of Covid-19, this held true. Unless otherwise noted in a lease, a Minnesota landlord could commence eviction proceedings against a tenant as soon as rent became past due.

However, Covid-19, and the federal and state regulations that followed, changed everything. In Minnesota, an eviction moratorium prevented landlords from evicting tenants at all (other than several narrow exceptions), for a significant amount of time. Now that the moratorium has ended, Minnesota evictions are still limited by “Phaseout” legislation.

Most important, at this stage of the Phaseout, are requirements surrounding rent relief. Specifically, Minnesota law does not allow eviction proceedings to move forward where a tenant has a pending application for rental assistance. Tenants can apply for rental assistance before or during an eviction proceeding, at which point the eviction is either stayed or dismissed.

However, if a tenant refuses to apply for rental assistance or rent relief, the landlord may move forward with eviction proceedings as usual. Unfortunately, the uncertainty of whether a tenant may apply for rental assistance can be frustrating for many landlords. The Minnesota eviction attorneys at RAM Law PLLC have seen many tenants apply for rental assistance only moments before an eviction hearing, resulting in the proceeding being delayed.

To avoid lengthy delays or other unnecessary problems, it is crucial that a Minnesota landlord attempting to evict a tenant for failure to pay rent consult with an experienced landlord attorney. The eviction attorneys at RAM Law PLLC have helped numerous landlords successfully navigate the complex Minnesota eviction process. Call our eviction attorneys now at (651) 468-2103 to set up a free consultation.