If a rental property in Minnesota fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Minnesota?
In Minnesota, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Plumbing
- Heating (to at least 68 degrees Fahrenheit, between October 1 and April 30 of each year)
- Hot and cold potable water
- Required smoke and carbon monoxide (CO) detectors
- Required weatherproofing and door/window seals
- Common areas
- Features required by locally applicable health and safety laws
What Should Tenants Do Before Reporting a Violation in Minnesota?
In most cases, before reporting a violation, a tenant in Minnesota must notify the landlord in writing about the issue and ask him to fix it within 14 days.
How Can Tenants Report a Violation in Minnesota?
Tenants in Minnesota should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
| Location | Organization | Contact |
| Minneapolis | Minneapolis 311 | Online Form |
| St. Paul | Dept. of Safety and Inspections | Online Form |
| Rochester | Rochester 311 | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
Minnesota Emergency Tenant Remedies Program
When the issue is major and urgent, Minnesota allows tenants to seek help from a court through the Emergency Tenant Remedies program. A tenant can file a case in this program for the following issues:
- A serious infestation
- Loss of running water
- Loss of hot water
- Loss of heat
- Loss of electricity
- Loss of sanitary facilities
- Nonfunctioning refrigerator
- Nonfunctioning air conditioner (if provided under the terms of the lease)
- Lack of functioning elevator (if provided under the terms of the lease)
- Conditions, services, or facilities that pose a serious and negative impact on health or safety
- Other essential services and facilities
The tenant must make a good faith attempt to give the landlord at least 24 hours of advance notice about an intention to file a case under this program. The court has the power to order a wide variety of remedies, but in most cases if the tenant provides good evidence for their case, the court will order the landlord to begin addressing the issue immediately.
How Can a Tenant Report a Health or Safety Violation in Minneapolis?
A tenant in Minneapolis can report a health or safety violation by calling Minneapolis 311 at (612) 673-3000 or using the provided online form. Enter contact and location information, detail the complaint, and submit. Note that tenants of single-family dwellings should use the alternative private property form.
How Can a Tenant Report a Health or Safety Violation in St. Paul?
A tenant in St. Paul can report a health or safety violation by using the online form provided by the Department of Safety and Inspections. Most issues will fall under “Property Maintenance.” Describe the issue, provide location and contact information, and submit.
How Can a Tenant Report a Health or Safety Violation in Rochester?
A tenant in Rochester can report a health or safety violation by calling 311 Services at (585) 428-5990 or using the provided online form. Enter contact information, search for the correct location, detail the issue, and submit.
What Could Happen to a Landlord After a Complaint Is Made in Minnesota?
Landlords have to fix any violations found after a tenant files a complaint about unsafe living conditions in Minnesota. Otherwise, the landlord could be fined, local government might file to condemn the property, or the tenant might begin rent escrow payments.
Sources
- 1 Minn. Stat. § 504B.161(1)(a)(1) & (1)(a)(2) (2022)
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“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.”
Source Link - 2 City of St. Paul Dep’t of Safety & Inspec., Residential Heating Directive (May 11, 2015)
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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.”
Source Link - 3 Ellis v. Doe, 924 N.W.2d 258, 260 (Minn. 2019)
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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.”
Source Link - 4 Minn. R. § 4714.0601 (2020)
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Minnesota requires potable hot and cold water supplied to residential dwellings. See Minn. R. § 4714.0601 (2020)
Source Link - 5 Minn. Stat. § 504B.161(1)(a)(3) & (1)(a)(4) (2022)
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“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.”
Source Link - 6 Minn. Stat. § 299F.362(3) & (5) (2022)
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“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.”
Source Link - 7 Minn. Stat. § 299F.51(1), (3), & (5) (2022)
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“[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.”
Source Link - 8 Minn. Stat. § 504B.385(1)(c) (2022)
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“[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.”
Source Link - 9 Minn. Stat. § 504B.385(1)(b) (2022)
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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.”
Source Link - 10 Minn. Stat. § 504B.161(a)
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(a) In every lease or license of residential premises, the landlord or licensor covenants:
(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;
(3) 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;
(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; and
(5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from October 1 through April 30, unless a utility company requires and instructs the heat to be reduced.
Source Link - 11 Minn. Stat. § 504B.381(1) - (4)
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Subdivision 1. Petition. A person authorized to bring an action under section 504B.395, subdivision 1, may petition the court for relief:
(1) when a unit of government has revoked a rental license, issued a condemnation order, issued a notice of intent to condemn, or otherwise deemed the property uninhabitable; or
(2) in cases of emergency involving the following services and facilities when the landlord is responsible for providing them:
(i) a serious infestation;
(ii) the loss of running water;
(iii) the loss of hot water;
(iv) the loss of heat;
(v) the loss of electricity;
(vi) the loss of sanitary facilities;
(vii) a nonfunctioning refrigerator;
(viii) if included in the lease, a nonfunctioning air conditioner;
(ix) if included in the lease, no functioning elevator;
(x) any conditions, services, or facilities that pose a serious and negative impact on health or safety; or
(xi) other essential services or facilities.
Subd. 2. Venue. The venue of the action authorized by this section is the county where the residential building alleged to contain the emergency condition is located.
Subd. 3. Petition information. The petitioner must present a verified petition to the district court that contains:
(1) a description of the premises and the identity of the landlord;
(2) a statement of the facts and grounds that demonstrate the existence of an emergency caused by the loss of essential services or facilities; and
(3) a request for relief.
Subd. 4. Notice. The petitioner must attempt to notify the landlord, at least 24 hours before application to the court, of the petitioner’s intent to seek emergency relief. An order may be granted without notice to the landlord if the court finds that reasonable efforts, as set forth in the petition or by separate affidavit, were made to notify the landlord but that the efforts were unsuccessful.
Source Link
