• Hannah Kamath

Public Hearing: Eviction Pre-Filing Requirement

The eviction moratorium has been protecting many renters and homeowners in Powderhorn from losing their homes during the pandemic, but we know the government will end the moratorium at some point. Even before the pandemic, many organizations and activists were advocating to strengthen eviction protections in Minneapolis and the state.


The City of Minneapolis has announced its intent to pursue an eviction protections policy that would do a couple of things:

  • Requires rental property owners to give tenants a written reason that they are being evicted or not having their lease renewed

  • Limits the reasons for which a tenant can be evicted

  • Requires rental property owners to give tenants at least a certain amount of notice in writing before filing formal eviction paperwork

These policies are often called “Just Cause Eviction” and “Right to Cure.” There are several benefits of a policy like this. One is that if renters know in advance and can voluntarily leave before an eviction is filed, they can prevent the damage that eviction filings have on rental history. Even if an eviction filing settles out of court or rules in favor of the tenants, it still shows up on their history and can prevent their access to housing. Another benefit is that sometimes, if a tenant is able, they might be able to resolve the issue with the landlord before a filing or formal eviction. For example, if they can come up with missing rent or create a payment plan, or if they need to add a person to their lease, etc.


For now, the City is only moving forward with the pre-eviction filing notice or “Right to Cure” - this is what requires rental property owners to give tenants notice before filing an eviction. Read the notice of the public hearing from the City of Minneapolis below.


 

From the City of Minneapolis

As we work together to ensure that all residents have access to safe, habitable, and stable housing, we want to inform you of a public hearing for a renter protection regulation on an Eviction Pre-filing requirement.


The public hearing will be held virtually in the Business, Inspections, Housing & Zoning committee on Tuesday, May 18th at 1:30pm.

You can attend the public hearing online by signing up at https://www.minneapolismn.gov/government/meetings/public-hearing-speaker-sign-up/ . If you cannot attend and would like to submit comments or statements you can email councilcomment@minneapolismn.gov.

If passed, this new regulation will require property owners to provide renters with a notice before bringing an eviction action for non-payment of rent or other financial obligations. The City is considering this ordinance now in anticipation of an end to the eviction moratorium to ensure that there is communication between renters and property owners before formal eviction proceedings take place.

The proposed Eviction Pre-filing requirement includes:

  • A property owner must provide the notice in writing to renters at least 14 days prior to a formal eviction action being filed.

  • Information requirements: The 14 day notification needs to contain the information below so that all renters are consistently informed

  • Total amount due

  • Specifics around total amount due including unpaid rent, late fees or other charges

  • Name and address of the person authorized to receive rent and fees on behalf of the landlord

  • Delivery types: The notice needs to be delivered in-person or by first-class mail.

The requirement would go into effect on June 1, 2021. This effort supports the City’s existing renter protection initiatives with the goal to increase housing security and prevent displacement of safe and affordable housing.

To learn about all current renter protection regulations you can visit our webpage.



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