Brooklyn Center Eviction Law Update

Brooklyn Center Eviction Law - Eviction Notice Requirement

In response to the Covid-19 pandemic and the end of the Covid-19 eviction moratorium, several Minnesota cities have passed new ordinances making it more difficult for landlords to evict tenants. Minneapolis implemented a strict notice requirement for nonpayment of rent cases, and that requirement has been discussed in more detail in other articles. Several other cities have followed suit, and have implemented eviction notice requirements of varying severity.

Brooklyn Center, for instance, has implemented what is likely the strictest eviction notice requirement in Minnesota to date. Brooklyn Center, ostensibly due to housing shortages, passed an ordinance requiring landlords to provide a 30 day eviction notice to tenants in almost all eviction cases including those for nonpayment of rent and breach of lease. This is significantly stricter than even Minneapolis’s present requirement, as Minneapolis only requires a 14 day eviction notice, and only in nonpayment of rent cases.

Outside of these city-specific notice requirements, Minnesota law typically does not require landlords to provide any notice before bringing an eviction for nonpayment of rent. Some leases state differently, but in general nonpayment of rent eviction cases can be brought as soon as rent becomes past due.

Brooklyn Center’s eviction notice requirement also requires the landlord to provide tenants with specific information and resources in the notice, including a breakdown of any balance owed, a deadline to pay the amount to avoid an eviction, and in reach of lease cases specific information about the breach of lease and the lease term that was violated. This list is not comprehensive, and Brooklyn Center publishes a full list of these requirements online.

Unfortunately, these requirements are rather burdensome for Brooklyn Center landlords. This 30 day requirement only compounds current Hennepin County court issues concerning timing of evictions. Hennepin County is significantly slower in processing evictions than many of its surrounding counterparts, and adding an additional 30 days to an already lengthy waiting period has a significant effect on many Brooklyn Center landlords and properties. Additionally, failure to comply with Brooklyn Center’s eviction notice requirements may result in an eviction case being dismissed or even the tenant being awarded a judgment against the landlord.

If you are involved in or have questions about an eviction matter in Brooklyn Center or any other city in Minnesota, call eviction attorney John E. Roach at Roach Law PLLC. John can be reached at 651-468-2103 or via our convenient online submission form.