By Kyle W. Ubl
On Monday, March 23, 2020, Minnesota Governor Walz issued an executive order suspending most residential evictions and writs of recovery in Minnesota during the COVID-19 emergency.
In addition, the Governor has asked holders of residential mortgages to refrain from foreclosing and charging late fees during the COVID-19 emergency, although these requests are non-binding at this time.
High points of the executive order include the following:
- The order does not relieve a tenant’s obligation to pay rent.
- The order does not apply to evictions where the tenant seriously endangers the safety of other residents or engages in unlawful conduct specified in Minn. Stat. § 504B.171, subd. 1. Residential landlords must cease terminating residential leases, except where the tenant seriously endangers the safety of other residents or engages in unlawful conduct specified in Minn. Stat. § 504B.171, subd. 1.
- Officers must cease executing writs of recovery, with limited exceptions.
- A person who willfully violates the order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90 days.
- Financial institutions holding residential mortgages are asked to implement an immediate moratorium on all pending and future foreclosures and related evictions arising out of a substantial decrease in income or substantial out of pocket medical expenses caused by the COVID-19 emergency, or any local, state, or federal governmental response to COVID-19. In addition, financial institutions are also strongly urged not to impose late fees or other penalties for late mortgage payments related to the COVID-19 emergency.
Our team continues to actively monitor real estate impacts during this challenging time. If you have any questions regarding this executive order, feel free to reach out to Kyle Ubl at 612.492.7477 or kubl@fredlaw.com.
