| 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 between 8:00AM and 8:00PM (unless the tenant agrees otherwise), after making a good faith effort to give the tenant reasonable advance notice. Minnesota law defines reasonable business purposes as the following:
- Inspecting the property (including to check for disturbances, lease violations, or a potentially vacated property)
- Maintenance and repairs
- Showing the property to insurance agents, or potential renters and buyers
- Prearranged housekeeping work (only in senior housing where >80% of tenants are over age 55)
- Emergencies
Can a Landlord Enter Without Permission in Minnesota?
Minnesota landlords can legally enter a rental property without permission, as long as the purpose and manner of entry fall within the legal requirements. As long as the landlord has a valid reason, and follows a valid notice process, the tenant’s consent to enter is irrelevant.
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 $500 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 at least 24 hours of advance notice before entering, unless there’s a qualifying emergency situation.
Can a Landlord Enter Without Notice in Minnesota?
Minnesota landlords can enter without notice, in the following situations:
- Emergency protection of persons or property, because of conditions relating to maintenance, building security, or law enforcement
- Emergency safety check on a tenant
- Compliance with a local ordinance related to illegal activity on the premises
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 for the following reasons:
- Entry is not for a legally valid purpose
- Insufficient or improper advance notice
- Entry took place outside the hours of 8:00AM-8:00PM, without the tenant’s approval
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 Comply or Vacate
- 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 courts may provide any or all of the following relief if a landlord enters illegally:
- Rent reduction
- Terminating the lease without penalty to the tenant
- Recovery of the damage deposit (minus appropriate deductions)
- Recovery of a civil penalty of $500 for each illegal entry
Sources
- 1 Minn. Stat. § 504B.211(2) & (3)
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Subd. 2. Except as provided in subdivision 4, 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 not less than 24 hours in advance of the intent to enter. A residential tenant may permit a landlord to enter the rented premises with less than 24 hours notice if desired. The notice must specify a time or anticipated window of time of entry and the landlord may only enter between the hours of 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree to an earlier or later time. 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 of entry under this section as a condition of entering into or maintaining the lease.
Source LinkSubd. 3. For purposes of subdivision 2, 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.
- 2 Minn. Stat. § 504B.211(4)
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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)
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If a landlord violates this section, 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, and up to a $500 civil penalty for each violation and reasonable attorney fees. A residential tenant may follow the procedures in sections 504B.381, 504B.385, and 504B.395 to 504B.471 to enforce the provisions of this section. A violation of this section by the landlord is a violation of section 504B.161.
Source Link - 5 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.”
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)
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