Bipartisan Agreement Reached to Phase Out Eviction Moratorium

Posted on June 16, 2021 by Kari Thurlow

Minnesota legislators announced on Monday an agreement to end Gov. Tim Walz's eviction moratorium over the next three-and-a-half months. The eviction moratorium has been in place since March 2020, when the governor used executive powers to ban evictions except in extreme circumstances. The agreement still needs to be approved by legislators, but the vote could occur later this week. The bipartisan deal creates a phased eviction moratorium off-ramp, with some protections lasting into June 2022. Governor Walz has said he will rescind the moratorium once a legislative solution is passed.

The agreement would entirely eliminate the eviction moratorium 105 days after its enactment, except for nonpayment of rent from tenants who have pending applications for rental assistance, a protection that will last until June 1, 2022. Landlords would only be able to receive assistance for tenants who are currently living at their properties.

Under the agreement, landlords would be required to provide 15 days' notice to tenants of their intent to file an eviction, with the outstanding amount of rent owed and information on applying for assistance. Starting 15 days after the governor signs the agreement, landlords will be allowed to bring evictions for material breach of leases other than nonpayment of rent, such as smoking indoors.

The eviction moratorium already allows landlords to evict tenants for significant property damage, illegal behavior or physically threatening other tenants. However, it has been challenging to have those cases heard by a judge. After 45 days, landlords will be permitted not to renew a tenants' lease for nonpayment of rent if they are ineligible for rental assistance. After 75 days, landlords may evict tenants for nonpayment of rent if they are ineligible for rental assistance. And after 105 days, the state will return to pre-pandemic eviction.

It appears likely this agreement will pass in both legislative bodies and that the governor will sign the legislation. We will provide updates as this continues to move through the legislative process.