| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Minnesota?
In Minnesota, the landlord has a right to enter a rental property for reasonable business purposes, including but not limited to the following reasons:
- Inspecting the property (including to check for disturbances and lease violations).
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Emergencies.
Can a Landlord Enter Without Permission in Minnesota?
Minnesota landlords can legally enter a rental property without permission for either of these reasons:
- There’s an emergency.
- The landlord has reasonable grounds to believe locally unlawful activity is taking place on the rental property.
Can a Landlord Enter Without the Tenant Present in Minnesota?
Minnesota landlords can legally enter a rental property without the tenant present. However, if the landlord isn’t entering with prior notice to the tenant, he must leave written confirmation of his entry before leaving. Otherwise, the tenant can sue to recover up to $100 per entry.
Can a Landlord Show a House While Occupied in Minnesota?
Minnesota landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Minnesota?
Minnesota landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Minnesota?
Minnesota landlords must provide reasonable advance notice before entering. What’s reasonable depends on the totality of circumstances, case by case, but advance notice of less than 24 hours needs specific justification in most cases.
Can a Landlord Enter Without Notice in Minnesota?
Minnesota landlords can enter without notice, but only in emergencies or when the landlord has a reasonable suspicion that there’s locally illegal activity on the property. If the tenant isn’t present, the landlord is legally required to leave written disclosure of his entry before exiting the property.
How Can Landlords Notify Tenants of an Intention To Enter in Minnesota?
Minnesota landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Minnesota?
Minnesota tenants can refuse entry to a landlord if the purpose isn’t a reasonable business purpose, or if the amount of notice is unreasonable. What’s reasonable depends on the case-by-case circumstances, as well as the traditional or customary landlord-tenant practices for the area and property type.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Minnesota?
Minnesota landlords can take any of the following actions if a tenant illegally refuses entry:
- Get a court order to force access.
- Deliver a written Notice to Quit and begin the eviction process.
- Recover cost of any actual damages.
Can a Tenant Change the Locks Without Permission in Minnesota?
Minnesota tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Minnesota?
Minnesota tenants can take any of the following actions if a landlord enters illegally:
- Get a court order to ban the landlord from entering.
- Get the court to order a rent reduction.
- Recover cost of any actual damages.
- Recover a civil penalty of $100 for each entry in violation of the statute.
Sources
- 1 Minn. Stat. § 504B.211(2) & (3) (2022)
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“[A] landlord may enter the premises rented by a residential tenant only for a reasonable business purpose and after making a good faith effort to give the residential tenant reasonable notice under the circumstances of the intent to enter. A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant’s right to prior notice… a reasonable business purpose includes, but is not limited to: (1) showing the unit to prospective residential tenants during the notice period before the lease terminates or after the current residential tenant has given notice to move to the landlord or the landlord’s agent; (2) showing the unit to a prospective buyer or to an insurance representative; (3) performing maintenance work; (4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes; (5) the residential tenant is causing a disturbance within the unit; (6) the landlord has a reasonable belief that the residential tenant is violating the lease within the residential tenant’s unit; (7) prearranged housekeeping work in senior housing where 80 percent or more of the residential tenants are age 55 or older; (8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or (9) the residential tenant has vacated the unit.”
Source Link - 2 Minn. Stat. § 504B.211(4) (2022)
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“Notwithstanding subdivision 2 [notice requirement prior to entry], a landlord may enter the premises rented by a residential tenant to inspect or take appropriate action without prior notice to the residential tenant if the landlord reasonably suspects that: (1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement; (2) immediate entry is necessary to determine a residential tenant’s safety; or (3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant’s premises.”
Source Link - 3 Minn. Stat. § 504B.211(5) (2022)
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“If the landlord enters when the residential tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises.”
Source Link - 4 Minn. Stat. § 504B.211(6) (2022)
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“If a landlord substantially violates subdivision 2 [requirement for reasonable notice and business purpose], the residential tenant is entitled to a penalty which may include a rent reduction up to full rescission of the lease, recovery of any damage deposit less any amount retained under section 504B.178 [security deposit statute], and up to a $100 civil penalty for each violation. If a landlord violates subdivision 5 [requirement for written disclosure of all no-notice entries], the residential tenant is entitled to up to a $100 civil penalty for each violation. A residential tenant shall follow the procedures in sections 504B.381 [emergency tenant remedies], 504B.385 [rent escrow statute], and 504B.395 to 504B.471 [procedure relating to code violations] to enforce the provisions of this section.”
Source Link - 5 Richter v. Czock, No. C7-01-1340, (Minn. Ct. App. Mar. 5, 2002) (unpublished opinion)
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Courts will often scrutinize entries made with fewer than 24 hours of notice. See, e.g., Richter v. Czock, No. C7-01-1340, (Minn. Ct. App. Mar. 5, 2002) (unpublished opinion) (holding that tenant consent to enter cured the landlord’s liability for an entry with fewer than 24 hours of notice)
Source Link - 6 Ta v. Ryan Rentals LLC, No. A21-0264 (Minn. Ct. App. Sep. 13, 2021)
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Minnesota courts have recently held that even a single illegal entry by the landlord may be sufficient grounds to justify judicial termination of the lease. See Ta v. Ryan Rentals LLC, No. A21-0264 (Minn. Ct. App. Sep. 13, 2021)
Source Link - 7 Minn. Stat. § 504B.285(1)(a)(2) & (1)(a)(3) (2022)
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“The person entitled to the premises may recover possession by eviction when: …(2) any person holds over real property after termination of the time for which it is demised or leased to that person or to the persons under whom that person holds possession, contrary to the conditions or covenants of the lease or agreement under which that person holds, or after any rent becomes due according to the terms of such lease or agreement; or (3) any tenant at will holds over after the termination of the tenancy by notice to quit.”
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