Common questions by students facing housing concerns during COVID-19
DO I HAVE TO PAY RENT FOR OFF-CAMPUS HOUSING IF I LEAVE BEFORE THE END OF THE LEASE PERIOD?
Generally, yes, you are still obligated to pay rent. "As with other residential leases, students are bound by the language of the contract, and force majeure clauses do not allow for cancellation of leases due to coronavirus." (MSBA). While Executive Order 20-14, issued by Governor Walz does place a temporary moratorium on evictions, "nothing in this Executive Order relieves a tenant’s obligation to pay rent." If you are a student who chose to leave an off-campus rental to stay with others during the pandemic you may be sued (or evicted if personal property was left behind) if you do not continue paying rent for the rental where you no longer live. If you decide to stop paying rent, notify your landlord that you have vacated to avoid an eviction being filed against you, which could affect your future renting credibility.
AM I ENTITLED TO REIMBURSEMENT FROM MY UNIVERSITY FOR ON-CAMPUS HOUSING?
Maybe. The decision to voluntarily reimburse students' non-tuition costs varies by University. You should first contact your University directly for information on potential reimbursements for your housing payments. Whether a University is legally required to reimburse you for housing expenses depends upon what agreements you and the University have signed, what you have already paid, and the contract law of your state. Class action lawsuits have been brought against several universities seeking reimbursement.
You may be entitled to financial compensation provided through the Higher Education Emergency Relief Fund under Section 3504 of the CARES Act. This section allows "an institution of higher education... to award... emergency financial aid grants to assist undergraduate or graduate students for unexpected expenses and unmet financial need as the result of a qualifying emergency." Students "cannot apply for assistance directly from the U.S. Department of Education but should contact their institutions for further information and guidance. Institutions have the responsibility of determining how grants will be distributed to students, how the amount of grants are calculated, and the development of any instructions or directions that are provided to students about the grant." U.S. Dept. of Edu.
You may be entitled to financial compensation provided through the Higher Education Emergency Relief Fund under Section 3504 of the CARES Act. This section allows "an institution of higher education... to award... emergency financial aid grants to assist undergraduate or graduate students for unexpected expenses and unmet financial need as the result of a qualifying emergency." Students "cannot apply for assistance directly from the U.S. Department of Education but should contact their institutions for further information and guidance. Institutions have the responsibility of determining how grants will be distributed to students, how the amount of grants are calculated, and the development of any instructions or directions that are provided to students about the grant." U.S. Dept. of Edu.
CAN I TERMINATE MY LEASE IF I HAVE SAFETY CONCERNS REGARDING COVID-19?
“A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender such a building. A tenant or occupant may expressly agree otherwise except as prohibited by section.” Minn. Stat. § 504B.131, subd. 1(1). Surrender requires an overt act, like turning over your keys to your landlord. You cannot simply leave without telling your landlord of the surrender. As stated, you have the right to vacate your residence if it becomes uninhabitable. If sued by your landlord in an action to collect rent, this may be a possible defense against a Plaintiff landlord's claims, but proving that the property was "uninhabitable or unfit for occupancy" may be difficult.
Otherwise, many leases have termination provisions. Read your lease.
Otherwise, many leases have termination provisions. Read your lease.
CAN MY LANDLORD EVICT ME IF I STOP PAYING RENT?
Emergency executive order 20-14 issued by Governor Walz, provides some protections to tenants during the current COVID-19 crisis: with some exceptions no evictions, termination of leases, or writs of recovery are allowed beginning on March 23rd, 2020 through July 13th, 2020. But "this suspension does not include eviction actions based on cases where the tenant seriously endangers the safety of other residents or for violations of Minnesota Statutes 2019, section 504B.171, subd. 1." (referencing drugs, prostitution, firearms, or stolen property). Beware of landlords seeking to use the existence of drugs found on the premises as pretext for eviction during this time where otherwise a landlord might not be able to evict.
Additionally, the CARES act bars evictions or late charges from March 27, 2020 through July 24, 2020 for properties financed by federally-backed mortgages (CARES Act). It may be hard to know whether your landlord is financed by federally-backed mortgages.
Additionally, the CARES act bars evictions or late charges from March 27, 2020 through July 24, 2020 for properties financed by federally-backed mortgages (CARES Act). It may be hard to know whether your landlord is financed by federally-backed mortgages.
IS MY LANDLORD REQUIRED TO TAKE ADDITIONAL SAFETY PRECAUTIONS DURING COVID-19?
Minnesota's section 504B.161, subdivisions 1, 2, 4 state that it is the landlord's responsibility: "(1) that the premises and all common areas are fit for the use intended by the parties; (2) to keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee; (4) to maintain the premises in compliance with the applicable health and safety laws of the state, and of the local units of government where the premises are located during the term of the lease or license, except when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee."
Whether the pandemic changes the duties of a landlord to keep the premises "fit for" occupancy has not yet been tested in Minnesota appellate courts. As health and safety laws, or even city ordinances, change to reflect the pandemic conditions, landlords are required to comply. While at the time this Minnesota statute was written, there were no clear guidelines for pandemic safety procedures, additional safety duties for landlords may come into existence. The CDC provides some safety guidance for shared housing during this time.
Whether the pandemic changes the duties of a landlord to keep the premises "fit for" occupancy has not yet been tested in Minnesota appellate courts. As health and safety laws, or even city ordinances, change to reflect the pandemic conditions, landlords are required to comply. While at the time this Minnesota statute was written, there were no clear guidelines for pandemic safety procedures, additional safety duties for landlords may come into existence. The CDC provides some safety guidance for shared housing during this time.
Does my Lease AUTOMATICALLY RENEW?
Read your lease carefully. Generally, a lease automatically renews on a month-to-month basis unless official notice is provided. The type of notice is usually described in the lease. In order “to enforce any automatic renewal clause of a lease of an original term of two months or more... for a specified additional period of time of two months or more... the landlord must give notice... in writing and direct the tenant's attention to the automatic renewal provision of the lease. The notice must be served personally or mailed by certified mail at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit.” Minn. Stat. § 504B.145, subd. 1(1). So your lease may be automatically renewed and you should be careful to avoid automatic renewal (if that is your choice) by providing written notice to your landlord if you intend to vacate.
what else can i do to alleviate some of my financial stress due to COVID-19?
Receive a stimulus check
Under section 6248. 2020 of the CARES Act, if you are not claimed as a dependent on your parents’ tax return, you will qualify for a stimulus check. Most students under the age of 24 are considered dependents, however many graduate and undergraduate students over the age will qualify as independents. If you do, you will receive the $1,200 one-time amount if your annual income is $75,000 or less.
Qualify for unemployment benefits
If you were laid off or your work was affected due to the pandemic, you may be eligible for unemployment benefits under section 2104 of the CARES Act. Additionally, you could receive an extra $600 of Federal Pandemic Unemployment Compensation per week. These benefits will last up to 39 weeks.
Collect federal work-study
If your school or employer closes and you lose your federal work-study job, you may be eligible to receive a grant for the remaining period you were set to work under section 3505 of the CARES Act. The amount you receive will be based on your award amount rather than hours worked. Contact your college to find out how they are carrying out this policy.
Housing Link also provides some tips on helpful resources for Minnesota renters during COVID-19.
Under section 6248. 2020 of the CARES Act, if you are not claimed as a dependent on your parents’ tax return, you will qualify for a stimulus check. Most students under the age of 24 are considered dependents, however many graduate and undergraduate students over the age will qualify as independents. If you do, you will receive the $1,200 one-time amount if your annual income is $75,000 or less.
Qualify for unemployment benefits
If you were laid off or your work was affected due to the pandemic, you may be eligible for unemployment benefits under section 2104 of the CARES Act. Additionally, you could receive an extra $600 of Federal Pandemic Unemployment Compensation per week. These benefits will last up to 39 weeks.
Collect federal work-study
If your school or employer closes and you lose your federal work-study job, you may be eligible to receive a grant for the remaining period you were set to work under section 3505 of the CARES Act. The amount you receive will be based on your award amount rather than hours worked. Contact your college to find out how they are carrying out this policy.
Housing Link also provides some tips on helpful resources for Minnesota renters during COVID-19.