Evictions in MN on month to month lease

General Landlording & Rental Properties
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Evictions in MN on month to month lease

Josh Bast
Minneapolis, MN · Member since 2016 · 19 posts · 13 votes

Do any of my MN landlords know if we are able to evict a tenant that is on a month to month lease, but has applied for RentHelpMN and not received a response to their application? I would give them notice now, and hopefully evict when they begin holding over. Thanks! (Please don’t reply if you’re going to say consult a lawyer…that’s step two if no one here knows with certainty). Lo

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  • James Hamling
    Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    5y

    @Josh Bast This topic is covered and detailed in current orders in place, I suggest reading and re-reading it until have solid command of the "rules" we have to operate under. 

    The order stipulates the tenants are protected against eviction once applied, unless they fall under one of the exemptions, until they have been denied rent assistance. BUT than the question comes, what if the tenant re-applies, stating there was some change of circumstance or something in consideration was inaccurate? I can tell you that a Judge will err on the side of caution because end of day, there elected, and have to operate "C.Y.A." in rulings. And how many times can a tenant re-apply? 

    For more than a year I have been preaching to the enduring state of this and how a landlord can not rely upon the mirage on the horizon of return to "normal", it is just that, a mirage, this IS the "new normal". And landlords must learn the art of the negotiation, how to remedy without eviction, how to flex there other legal remedies at hand, learn the financial side of contracts and how to leverage and utilize in conjunction with negotiations. 

    If awaiting return of evictions, well, get real comfy as it's probably going to be some time. Years maybe. 

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  • David Wolkowicz
    Member since 2021 · 1 post · 0 votes
    5y

    Homeline, a not for profit that does tenant advocacy, made the above graphic which I have found really helpful. The simple answer to your question is that you will not be able to file an eviction for nonpayment of rent so long as a Rent Help application is in until June, 2022. But, on 10/12 you could not renew their lease for 11/30 and if they stay in their apartment you can file an eviction for a holdover. 

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