Pushing renters out that will not apply for rent help in MN

[Mark K.]

Does anyone here have an idea on best approach to deal with renters here in MN that claim to have applied for rent assistance but have not? We are looking to file an eviction but the rules here in MN now state that we cant do so for reasons of unpaid rent if they have applied for assistance through RENTHELPMN. Our thought is that when we take them to court they will just say they applied. If they have then they will have a pending application and we cannot evict until next June. We are quite certain they have not applied but I have been offered the opinion that the judge will simply side with them if they say they have because the judge will be too worried about approving an eviction that could turn out to be illegal and worried about his/her re-election if they are looked at negatively for doing so. 

[James Hamling]

It seems most are missing the politics of this, as @Mark K. touched on. 

Put yourself in the Judges chair for a moment. Tenant and landlord come in on an eviction case. Landlord says they haven't paid, you look at tenant and ask them what's going on, tenant pulls out there instruction flyer from the tenants rights organization and says "I have an application in for rental assistance". Oh you say, do you have proof in hand, tenant says sorry, I don't have a printer because I am too poor. 

So, what do you do as a Judge. If you said "your order the eviction" you either have 0 rental properties or near to 0 eviction court experience. The Judge, who is POLITCILLY voted into there job, identifies this is radioactive here in MN as the Attorney Gen. and Gov. themselves are the champions of moratorium, so your err on side of caution and in favor of moratorium in every instance that your not 1,000% certain eviction is allowed. 

To expect a Judge to do different is no rational, they will CYA always, your just another case # on a never ending assembly line of case #'s. The issue at hand is our government itself here in MN is working to make it as difficult as possible, in a bid for impossibility, for small to mid sized landlords to do anything because those tenants are there voting base, while protecting the big corporate landlords who are there donor base. That's the reality on the ground. It isn't right, it's what is, welcome to MN in 2020's.