October 22, 2021 | Jeffrey J. Maleska
As Minnesota’s COVID-19 eviction moratorium is coming to an end, it is a good time to remind landlords that Minneapolis and St. Louis Park still maintain local ordinances that require certain notice to be given to residential tenants prior to bringing an eviction action against a tenant for nonpayment of rent or other financial obligations in violation of a lease.
SUMMARY OF MINNEAPOLIS AND ST. LOUIS PARK ORDINANCES
A summary of the basic requirements of Minneapolis Ordinance No. 2021-025 and St. Louis Park Ordinance No. 2600-20 follows:
- Ordinances Only Apply to Properties in Minnesota and St. Louis Park. While neither ordinance expressly provides who is covered, presumably, the Minneapolis ordinance applies to properties located within Minneapolis, and the St. Louis Park ordinance to properties located within St. Louis Park.
- Ordinances Only Apply to Residential Tenants/Properties. Both ordinances provide that the required pre-eviction notice must be provided to “residential tenants.” Accordingly, neither ordinance applies to commercial properties.
- Ordinances Only Apply to Non-Payment Cases. Both ordinances only require pre-eviction notice to be given prior to bringing an eviction action “alleging nonpayment of rent or other unpaid financial obligations in violation of the lease.” Thus, neither ordinance applies to evictions actions brought against residential tenants for other lease violations.
- Written Notice Period. Under the Minneapolis ordinance, landlords are required to give residential tenants prior written notice at least 14 days prior to commencing an eviction action for non-payment. In contrast, the St. Louis Park ordinance only requires property owners to give residential tenants prior written notice at least 7 days prior to commencing an eviction action for non-payment.
- Required Content of Pre-Eviction Notice. Both the Minneapolis and St. Louis Park ordinance require the written pre-eviction notice to including the following:
- The total amount due;
- A specific accounting of the amount of the total due that is comprised of unpaid rents, late fees, or other changes under the lease;
- The name and address of the person authorized to receive rent and fees on behalf of the property owner;
- A description of how to access legal and financial assistance through information posted on the respective city’s website; and
- A statement that landlord/property owner may bring an eviction action following expiration of the requisite notice period if tenant fails to pay total amount due or fails to vacate.
- Notice Must be Delivered Personally or by First Class Mail. The landlord or property owner must deliver the pre-eviction notice either personally or by first class mail.
- When Property Owner May Bring an Eviction Action. If the tenant fails to correct the rent delinquency within 7 days (St. Louis Park) or 14 days (Minneapolis) of delivery or mailing of the notice, the landlord or property owner may bring an eviction action under Minn. Stat. § 504B.321.
- Both Ordinances are Currently in Effect. The St. Louis Park ordinance took effect February 1, 2021, and the Minneapolis ordinance took effect May 28, 2021.
Landlords must ensure that they are providing residential tenants in Minneapolis and St. Louis Park with the required pre-eviction notice prior to commencing eviction actions for non-payment of rent or other financial obligations.