How to Report a Landlord in Minnesota for Unsafe Living Conditions

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1 Minn. Stat. § 504B.161(1)(a)(1) & (1)(a)(2) (2022)

“In every lease or license of residential premises, the landlord or licensor covenants… that the premises and all common areas are fit for the use intended by the parties… [and] 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.”

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2 City of St. Paul Dep’t of Safety & Inspec., Residential Heating Directive (May 11, 2015)

There isn’t a statewide heating code or a statewide standard for habitable plumbing, but local Minnesota jurisdictions do individually set requirements. For example: “The law does not allow tenants to remain in a dwelling that lacks basic services (heat, light, water)… the St. Paul Property Maintenance Code requires the landlord to maintain the heat at 68 degrees at 5 feet above the floor in any part of the apartment.”

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3 Ellis v. Doe, 924 N.W.2d 258, 260 (Minn. 2019)

While the state statute only specifies compliance with local codes, which obviously vary by jurisdiction, the Minnesota Supreme Court has suggested universally relevant habitability factors: “[I]ssues, including damage to the bathroom floor, kitchen cabinets, and bedroom ceiling from a water leak; cracks in the walls; peeling paint; broken window seals; and windows that were painted or glued shut… an animal running through the ceiling and scratching at the walls… front door entrance to the duplex, which did not lock and barely closed… back stairs, which were held together by a cord, and the side rail on the front stairs, which was weakly attached to the stairs.”

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4 Minn. R. § 4714.0601 (2020)

Minnesota requires potable hot and cold water supplied to residential dwellings. See Minn. R. § 4714.0601 (2020)

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5 Minn. Stat. § 504B.161(1)(a)(3) & (1)(a)(4) (2022)

“In every lease or license of residential premises, the landlord or licensor covenants… to make the premises reasonably energy efficient by installing weatherstripping, caulking, storm windows, and storm doors when any such measure will result in energy procurement cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing that measure, including interest, amortized over the ten-year period following the incurring of the cost; and 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.”

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6 Minn. Stat. § 299F.362(3) & (5) (2022)

“Every dwelling unit within a dwelling must be provided with a smoke detector meeting the requirements of the State Fire Code… For all occupancies covered by this section where the occupant is not the owner of the dwelling unit or the guest room, the owner is responsible for maintenance of the smoke detectors. An owner may file inspection and maintenance reports with the local fire marshal for establishing evidence of inspection and maintenance of smoke detectors.”

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7 Minn. Stat. § 299F.51(1), (3), & (5) (2022)

“[All single-family residences] must have an approved and operational carbon monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes… The occupant of each dwelling unit… must:  (1) keep and maintain the device in good repair; and  (2) replace any device that is stolen, removed, missing, or rendered inoperable during the occupancy… An owner of a multifamily dwelling that contains minimal or no sources of carbon monoxide may be exempted from the requirements… provided that such owner certifies to the commissioner of public safety that such multifamily dwelling poses no foreseeable carbon monoxide risk to the health and safety of the dwelling units.”

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8 Minn. Stat. § 504B.385(1)(c) (2022)

“[T]he residential tenant must give written notice to the landlord specifying the violation. The notice must be delivered personally or sent to the person or place where rent is normally paid. If the violation is not corrected within 14 days, the residential tenant may deposit the amount of rent due to the landlord with the court administrator along with an affidavit specifying the violation.”

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9 Minn. Stat. § 504B.385(1)(b) (2022)

Minnesota’s rent escrow statute provides that a tenant can begin depositing rent in escrow after an uncured code violation, as this substitutes for the usual notice requirement via repair request: “For a violation as defined in section 504B.001, subdivision 14, clause (1) [code violations], the residential tenant may deposit with the court administrator the rent due to the landlord along with a copy of the written notice of the code violation as provided in section 504B.185, subdivision 2. The residential tenant may not deposit the rent or file the written notice of the code violation until the time granted to make repairs has expired without satisfactory repairs being made [typically 14 days], unless the residential tenant alleges that the time granted is excessive.”

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