JUST CAUSE NOTICE BULLETIN - City of Saint Paul
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E1 SAINT PAUL
MINNESOTA
Stable, Accessible, Fair, & Equitable Housing
(S.A.F.E.) Housing Saint Paul
ORD 20-14 -- SECTION 193.05
POLICY BULLETIN
FOR LANDLORDS
EFFECTIVE DATE: MARCH 1, 2021
JUST CAUSE
NOTICE
Table of Contents
BULLETIN
Overview........................................................................................ 1
POLICY PURPOSE: Just Cause Notice
The Just Cause Notice policy increases housing
stability by ensuring Landlords provide Just Summary......................................................................................... 2
Cause for nonrenewal of Lease or Termination
of Tenancy at the time notice is given. Detail ............................................................................................... 2
Exceptions and Enforcement ....................................................... 4
INTENDED AUDIENCE:
The City of Saint Paul is providing this guid-
ance to Landlords to support compliance with
these new regulations. Additional Information
APPLICABILITY: Definitions....................................................................................... 5
This section (193.05) applies to all rental
Frequently Asked Questions ........................................................ 6
properties located within the City of Saint Paul
and to all Lease agreements whether written Policy Context................................................................................. 6
or oral.
CONTACT:
For more information or to ask a question,
please visit the City of Saint Paul S.A.F.E.
Housing page.
S.A.F.E. HOUSING SAINT PAUL DOCUMENTS:
• Tenant Screening Guidelines Bulletin
• Advance Notice of Sale Bulletin
• Security Deposit Limitations Bulletin
• S.A.F.E. Housing At A Glance
• StPaul.gov/SAFE
Page. 01
V.1 MARCH 1, 2021Just Cause Notice
When Terminating a Tenancy through Lease nonrenewal, Landlords
NEW REQUIREMENT:
must establish Just Cause and provide Just Cause Notice. This
All residential Tenant Leases must now
means Landlords must:
include this Just Cause Notice language:
Identify the basis for the Just Cause nonrenewal or
1 The Landlord under this Lease shall
termination. Landlords may not issue a notice terminating
not unilaterally terminate or attempt
Tenancy unless they are able to establish Just Cause (defined
to terminate the tenancy of any Tenant
on pages 2 and 3.)
unless the Landlord can prove in court
that Just Cause exists. The reasons for
Provide Just Cause Notice to the impacted Tenant(s) in writing
2 and include the following information:
Termination of Tenancy listed in the
City of Saint Paul’s Just Cause Notice (Sec.
a. Just Cause: the reason(s) for the termination; and
193.05), and no others, shall constitute
b. The facts in support of the reason(s)
Just Cause under this provision.
See the Just Cause Notice template for guidance.
» This section does not prevent or prohibit the Landlord
from initiating a lawful formal Eviction.
» This Section does not prevent or prohibit the Landlord REMINDER:
and Tenant from agreeing to a Mutual Lease Termination.
Landlords must deliver Just Cause
» This section identifies reasons you may choose to non- Notice language to Tenants with any
renew the Lease or Terminate the Tenancy but does not notice of termination required by law,
establish a requirement to non-renew or Terminate the except for instances of Rehab and
Tenancy for cause. Renovation, in which case the Landlord
must issue a 90 day notice.
» Landlords must provide written notice to vacate in
accordance with the terms of the Lease agreement
and state law requirements. Click here for MN Attorney
General guidance on ending the tenancy.
FOR A LIST OF DEFINED TERMS, REFER TO PAGE 5.
Allowable Just Causes
Any of the 10 reasons listed below and no others:
JUST CAUSE DETAILS
NON-PAYMENT The Tenant fails to pay rent after receiving a Non-Payment notice from the
1
OF RENT Landlord, and the Landlord does not pursue a valid Non-Payment Eviction action
but decides to Terminate Tenancy
The Tenant repeatedly makes Late Payments of rent, no fewer than five times in a
2 REPEATED
LATE PAYMENT 12-month period.
OF RENT • The Landlord must provide the Tenant with notice following a Late Payment
that a another Late Payment may be grounds for Termination of Tenancy.
3 MATERIAL After receiving a written notice to stop an action that is in violation of the lease
NON-COMPLIANCE terms from the Landlord, the Tenant continues, or fails to Cure the Deficiency,
that is a Material Breach of the Lease. The Landlord does not pursue a valid
Eviction action but decides to terminate tenancy.
4 REFUSAL The Tenant refuses to renew or extend the Lease after the Landlord requests in
TO RENEW writing that the Tenant do so.
• For leases with automatic renewal language: The 15–30-day notice period
as required by Minn. Stat. 504B.145 for Leases with automatic renewal
provisions still applies.
Page. 02 V.1 MARCH 1, 2021Allowable Just Causes
Any of the ten (10) reasons listed below and no others:
JUST CAUSE DETAILS
5 OCCUPANCY BY The property owner seeks to recover possession of the dwelling unit so that
PROPERTY OWNER OR the property owner or a Family Member may occupy the unit as that person’s
FAMILY MEMBER principal residence.
• Occupancy time frame required: The property owner or Family Member
must move into the unit within 90 days from the Tenant’s vacation.
• If a Substantially Equivalent Replacement Unit is vacant and available, that
unit must be made available to the Tenant at a Substantially Similar Rental
Rate as the Tenant’s current Lease.
6 BUILDING The Landlord decides to:
DEMOLISHMENT • demolish the building; or
AND DWELLING UNIT • convert the building to a cooperative; or
CONVERSION • convert the building or unit to nonresidential use; or
• recover the unit to sell it in accordance with a condominium conversion; or
• convert the dwelling unit to a unit subsidized under a local, state or federal
housing program and the Tenant does not qualify to rent the unit under that
program.
7 REHAB AND The Landlord seeks to recover possession of the dwelling unit to complete
RENOVATION a rehabilitation or renovation that will render the unit uninhabitable for the
duration of the work.
• Extended Notice required: The Landlord must provide 90 days’ written
notice to the Tenant.
• Relocation Assistance required: The Landlord shall provide Relocation
Assistance to the Tenant upon delivery of the written notice.
• If a Substantially Equivalent Replacement Unit is vacant and available in the
building, that unit may be made available to the Tenant at a Substantially
Similar Rental Rate as the Tenant’s current Lease.
8 COMPLYING WITH The Landlord is complying with a government agency’s order to vacate, abate, or
A GOVERNMENT any other order that necessitates the vacating of the dwelling unit as a result of a
ORDER TO VACATE violation of Saint Paul city codes or any other provision of law.
• Relocation Assistance required: The Landlord must provide Relocation
Assistance to the Tenant upon delivery of the written notice.
• If a Substantially Equivalent Replacement Unit is vacant and available in the
building, that unit may be made available to the Tenant at a Substantially
Similar Rental Rate as the Tenant’s current Lease.
9 OCCUPANCY The Tenant’s occupancy of the unit is conditioned upon employment on the
CONDITIONED ON property and the employment relationship is terminated.
EMPLOYMENT • The Landlord and Tenant do not choose or are unable to continue the
tenancy after the employment relationship ends.
10 EXCEEDING The Tenant exceeds the occupancy standards for the unit. City of Saint Paul
OCCUPANCY occupancy code. 34.13
• No Tenant may be Evicted, denied a continuing tenancy, or denied a renewal
of a lease on the basis of familial status started during the tenancy unless:
• one year has elapsed from the start of the familial status change, and
• the Landlord has given the Tenant 6 months prior notice in writing of
the termination or nonrenewal.
• MN Statutes familial status changes. 504B.315
Page. 03 V.1 MARCH 1, 2021Process for Establishing
and Notifying Tenants of
Just Cause -
EXCEPTIONS:
1. Required Notice Period for Just Cause #7: If the basis
for the nonrenewal or termination is Just Cause #7:
Rehabilitation or Renovation, then the notice to
vacate must be provided to the Tenant(s) at least 90
days in advance.
1 ESTABLISH JUST CAUSE
•• 1 Is the reason for the non-renewal or termination
one of the 10 allowable Just Causes?
1. Yes - Proceed to step 2
0 2. No - Do not proceed.
2. Conflict: Whenever local, state, or federal funding
or loan requirements conflict with any portion of
Chapter 193, those funding or loan requirements will
take precedence over only those portions in conflict.
Conflict should be read to mean that adhering to
a requirement of Chapter 193 will result in the
owner and/or property being out of compliance
with a specific local, state, or federal funding or loan
requirement.
3. State licensed residential facilities: If the property
is operating as a State-licensed residential facility,
the Landlord is not required to include the Just Cause
•2 DETERMINE HOW MUCH
NOTICE YOU MUST PROVIDE
TO THE TENANT
Notice language in the Lease.
- ------
•
1 To identify the timing requirements for the
notice to vacate, please review the Lease
agreement and MN Statutes 504B.147.
ENFORCEMENT:
1. Legislative Code: Chapter 193 of the Legislative
Click here for MN Attorney General Code (Title XIX) pertaining to Tenant Protections will
guidance on ending the tenancy. be monitored and enforced by the City of Saint Paul
Office of Financial Empowerment and the Department
•
2 For all notices to vacate under Just Cause
#7, the notice period must be at least 90
days.
of Human Rights and Equal Economic opportunity
a. If a violation of an ordinance occurs, then the
Landlord is subject to Section 1.05 of the
Legislative Code. Section 1.05 provides that a
violation of any provision of the Legislative code
is a misdemeanor, punishable by a fine not
to exceed seven hundred dollars ($700.00) or
imprisonment for a term not to exceed ninety 90
days, or both. Click here for more information
•
2. Private Right of Action Created: Any Tenant
3 PROVIDE WRITTEN NOTICE aggrieved by a Landlord’s noncompliance with Chapter
TO VACATE WITH JUST CAUSE 193 has the right to file a lawsuit in court.
LISTED 3. Damages for violation of 193.05, Just Cause: If a
Landlord Terminates a Tenancy under Sec. 193.05,
•
1 Include and/or retain supporting
documentation, see FAQs for guidance.
citing one or more of the ten 10 Just Causes as the
grounds for the termination and fails to fulfill or carry
out the stated reason for or condition justifying the
•
2 Verify: Is Relocation Assistance required?
1. Include and/or retain supporting
documentation. See FAQs on pg. 6
termination, the Landlord may be found liable in a
private right of action for damages equal to Relocation
Assistance, costs of suit or arbitration, and reasonable
attorney’s fees.
0 for guidance
2. If not, send all other 4. No “Just Cause” as lawful defense: In any action to
documentation and notices non-renew or to otherwise Terminate a Tenancy, the
absence of Just Cause may be used as a defense to the
action.
Page. 04 V.1 MARCH 1, 2021Additional Information
DEFINITIONS
For the purposes of this bulletin, the terms referenced below have the following meaning.
Cure the Deficiency: A Tenant Just Cause: Any of the reasons Non-Payment: A payment for Substantially Equivalent Re-
pays all monies rightfully owed, listed in Sec. 193.05(a) upon rent under the contract that has placement Unit: A dwelling unit,
or fully complies with an order which a Landlord may terminate not been received following the which is decent, safe and sani-
to correct a Lease violation or tenancy. Landlords written request for tary, contains at least the same
notice to cease an activity that is payment. number of bedrooms and other
in violation of a Lease. Landlord: The property owner or living areas as the Displacement
agent of the property owner. 12-month period: The total Dwelling Unit, and is available
Displacement Dwelling Unit: of twelve consecutive months at a Substantially Similar Rental
The dwelling unit from which a Late Payment: A payment including the months in which Rate within the neighborhood
Tenant was displaced pursuant received and accepted by the the 1st AND 5th or final (if more district of the Displacement
to Sec. 193.05(5) or (7). Landlord after the date rent was than 5) violations occur. See Dwelling Unit. Perfect compara-
due and payable. example below bility is not required.
Eviction: A summary court
proceeding to remove a Tenant Lease: An oral or written agree- Relocation Assistance: A Substantially Similar Rental
or occupant from, or otherwise ment creating a tenancy in real payment in an amount equal to Rate: The Displacement Dwelling
recover possession of, real property. three times the rental housing Unit rental rate plus five percent
property by the process of law, affordability limit at sixty 60 per- (5%) or minus ten percent (10%)
pursuant to Minn. Stat. Ch. 504B. Material Breach: A contract law cent of the Area Median Income of the contract rate for a Single
term which refers to a failure of for the Twin Cities metro area as Month Rent.
Family Member: A property performance under the contract published by the Metropolitan
owner’s child, step-child, adopted which is significant enough to Council. See chart below. Tenant: An authorized occupant
child, foster child, adult child, give the aggrieved party the right of a residential rental build-
spouse, sibling, parent, step-par- to sue for breach (violation) of Annually updated payment ing under a Lease or contract,
ent, mother-in-law, father-in-law, contract Lease calculations can be located on whether oral or written.
grandchild, grandparent, or the Met Council’s website: 2020
registered domestic partner as Mutual Termination: Both Affordability Limits or Ownership Termination of Tenancy: The
defined by Saint Paul Code of the Landlord and Tenant have and Rental Housing end of a tenancy following a writ-
Ordinances section 186.02 and agreed to end the Lease for any ten notice given by a Landlord to
any individual related by blood or reason, where both the Landlord a Tenant requiring the Tenant to
affinity whose close association and Tenant each reLease the oth- move, including nonrenewal of
with the property owner is the er for the Lease commitment. Lease.
equivalent of a family relation-
ship
12-MONTH PERIOD CALCULATIONS:
■ = month in which the late payment occurred.
CASE #1: Just Cause Reached (5 or more Late payments in a 12-month period)
MONTH JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC JAN
MISSED
PAYMENT 1ST 2ND 3RD 4TH 5TH
DATE
CASE #2: Just Cause NOT Reached (less than 5 Late payments in a 12-month period)
MONTH JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC JAN
MISSED
PAYMENT 1ST 2ND 3RD 4TH 5TH
DATE
RELOCATION ASSISTANCE AMOUNT
# BEDROOMS Efficiency 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedroom
2020 RELOCATION ASSISTANCE $3,258 $3,492 $4,185 $4,856 $5,400
Page. 05 See definitions for more details on calculationsAdditional Information
FREQUENTLY ASKED QUESTIONS, SEC. 193.04 - TENANT SCREENING GUIDELINES
Do I have to go to court to give Just Cause How is Just Cause different from evicting How do I notify the Tenant about their Late
Notice? someone? Payment status or prove that a Tenant paid
No. Just Cause refers to nonrenewal or Lease Though some of the Just Causes align with an rent late?
terminations that happen outside of the court allowable basis for a formal Eviction, not all do. It is best practice to clearly identify what
process, not formal Evictions. This policy refers to processing a nonrenewal or constitutes a Late Payment and any fees
Lease termination outside of the court process associated with Late payments in the Lease.
What is covered under Material Non- and includes both tenancy and ownership Additionally, it is best practice to notify a
Compliance? related causes. Tenant when a rent payment is received late,
Material Non-Compliance refers to any material and whether or not a late fee was added to
violation of the Lease terms you establish. The What supporting documentation do I need to their balance. In this notice the Landlord may
Lease agreement identifies what constitutes a provide with my notice? also include language identifying that five or
violation of the contract. a. Depending on the basis for the Just Cause more Late payments in a twelve-month period
Notice, the Landlord should include any could result in Just Cause notice to vacate. The
What’s the difference between a Material communication(s) to the Tenant that Landlord could also consider maintaining and
Breach and a non-Material Breach? preceded the notice to vacate or that sharing a rent ledger or tally of Late payments to
Generally, a Material Breach is significant enough support the determination that Just Cause ensure the Tenant knows their status regarding
to permit an aggrieved party to treat the breach has been achieved. Late payments.
as total, rather than partial, thus excusing that b. For Just Cause (1), (2), (3), (4), (8), (9), and
party from further performance on the Lease (10), this could include: How long does a Tenant have to Cure the
and affording that party the right to sue. The City i. Lease violation notices Deficiency?
recommends that an affected party contact a ii. Late payment notices The length of time given to the Tenant to Cure
private attorney if there are questions regarding iii. Nonpayment Notices the Deficiency should be included in the violation
whether a breach is material or non-material. iv. Renewal notices notice. The amount of time should be reasonable
v. Proof of an unauthorized Tenant based on the type and severity of the violation.
What is considered rehabilitation or vi. Employment termination notices For example, this could be a certain timeframe to
renovation? vii. Government orders to vacate or abate move a piece of furniture or vehicle, or a notice
For the purposes of this section, rehabilitation c. For Just Cause (5) and (6) it is recommended to immediately cease with a second violation
or renovation pertains to any projects that will that the Landlord retain any documents that indicating failure to cure.
render a unit uninhabitable during the course of support the basis for the notice like:
work, including but not limited to projects that i. A new Lease agreement How do I pay Relocation Assistance for Just
impact the safe use of the unit, or prevent the ii. Homesteading documentation Cause terminations or non-renewals?
use of essential unit functions like electricity, iii. Application for condo conversion Relocation Assistance for Just Cause (7) or (8) can
plumbing, heating. Rehabilitation or renovation iv. Proof of change of use be paid directly to the Tenant when the Landlord
is not a temporary or short term suspension, like d. For Just Cause under Sec. 193.05 (7) or provides them with their notice to vacate. It is
a water shut off to repair a toilet, or treatment (8), the notice must be accompanied by recommended that the Landlord retain proof of
for pests. Relocation Assistance. service and delivery of the Relocation Assistance
to the Tenant.
What if the unit will need to be vacant What if the Tenant disagrees with the notice?
temporarily? If a Tenant disagrees with the Just Cause notice Do I have to agree to a mutual Lease
If a Landlord needs the unit to be vacant to vacate, the Tenant has several informal and termination?
temporarily to complete a project or repair, the formal remedies available, including requesting A Mutual Lease termination indicates that
Landlord may consider offering the impacted clarity from a Landlord, filing a complaint with all parties involved agree to terminate the
Tenant a temporary solution such as a hotel or the city, seeking legal advice, initiating a court contract. If a Landlord or a Tenant does not
alternate unit. action, or holding over. It is best practice to agree to terminate a Lease, there would be no
maintain a record of all communication and mutual agreement to terminate. Neither party is
supporting documentation with the Tenant to be required to mutually agree to terminate a Lease.
prepared to respond to any allegations of non-
compliance.
POLICY CONTEXT:
The City of Saint Paul is a majority renter city with more than 57,000 households renting their homes.
On July 8, 2020, The City of Saint Paul passed S.A.F.E. Housing Saint Paul, a set of stable, accessible,
fair, and equitable policies geared at increasing housing access, decreasing housing displacement
and affirmatively furthering fair housing. Ordinance 20-14 creating Chapter 193 of the Saint Paul
Legislative Code (Title XIX) includes Tenant Rights and Responsibilities Information, Security Deposit
Limitations, Tenant Screening Guidelines, Just Cause Notice and Advance Notice of Sale provisions.
Please visit StPaul.gov/SAFE to learn more.
Page. 06 V.1 MARCH 1, 2021You can also read
