Under Minnesota law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Minnesota Statutes Chapter 504B, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Minnesota
In Minnesota, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Minnesota’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Minnesota
Landlords must perform necessary repairs in a timely manner. In Minnesota, landlords usually must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Minnesota tenants can file a rent escrow action against the landlord in court. Depending on the specifics, a court might issue injunctions against the landlord, award monetary damages to tenants, or allow tenants to withhold a percentage of their rent.
Tenant Responsibilities in Minnesota
Aside from paying rent on time and consistently, Minnesota tenants must:
- Keep the unit in a safe and habitable condition.
- Make small repairs and maintenance.
- Keep the unit clean and remove garbage.
- Not disturb other tenants or neighbors.
Evictions in Minnesota
The most common reasons for eviction in Minnesota are:
- Nonpayment of Rent: If a tenant fails to pay rent on time, a landlord may serve the tenant with a 14-Day Notice to Quit before filing an eviction action with the court.
- Lease Violation: If a lease violation occurs, then landlords may notify the tenants and provide instructions on how to remedy the problem, although remedying the issue is not required. A landlord must serve a tenant with some type of notice prior to beginning an eviction action. The amount of notice required depends on what is written in the lease agreement.
- No Lease / End of Lease: If a tenant stays in the rental unit after the rental term has expired, the landlord may provide the tenant with a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- All Other Tenancies: The amount of notice required must be equal to the time period between rent payments or three months.
- Illegal Acts: Illegal activities that warrant eviction in Minnesota include drug manufacture, prostitution, illegal gambling, and possessing an illegal firearm. The amount of notice tenants must receive depends on the terms of the lease.
It is illegal for a landlord to evict a tenant as a form of retaliation or for discriminatory reasons.
Landlord Retaliation in Minnesota
It’s illegal for Minnesota landlords to retaliate with increased obligations, reduced services, or eviction against tenants who have made a good-faith complaint (singly or as part of a tenant organization) about the landlord’s legal responsibilities.
Security Deposits in Minnesota
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: Landlords are required to provide at least 1% annual interest on security deposits.
- Receipt Requirement: Yes, for cash payments.
Cities and towns can enact their own rules, so landlords should check local laws for additional requirements. For example, Minneapolis limits the maximum security deposit to ½ or 1 month’s rent depending on the amount of rent collected upfront.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, utilities or other unpaid bills, and costs of damage excluding normal wear and tear.
- Time Limit for Return: 21 days after the lease term ends and the tenant provides delivery instructions.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld plus $500.
Lease Termination in Minnesota
Notice Requirements: Minnesota tenants who wish to end a periodic lease must give the following notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 1-3 Months |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Tenants in Minnesota are allowed to legally break a lease for the following reasons:
- Early termination clause
- Active military duty
- Landlord harassment
- Domestic violence
Cost of Breaking a Lease in Minnesota
If a Minnesota tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Minnesota
Minnesota does not have rent control, but state law allows cities and towns to create their own rent control laws through a general election, like in St. Paul.
In cities without rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give notice equal to the frequency of rent payments. For example, landlords must give one month’s notice to tenants that pay rent monthly.
However, if the rental unit is a mobile home, rent increases are limited to two per year and landlords must give at least 60 days’ notice.
Housing Discrimination in Minnesota
Protected Groups: The Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, religion, familial status, sex, or disability. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. State law adds further protection based on marital status, sexual orientation, and use of public assistance.
Discriminatory Acts & Penalties: Housing discrimination cases are heard by the Minnesota Department of Human Rights. The following actions may be considered discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer.
- Deny certain financial services.
- Falsely claiming a unit is unavailable.
- Refusing to make reasonable accommodations.
- Selectively applying background checks.
- Offering different terms, conditions, or privileges.
Those who are the victim of housing discrimination can file a complaint online.
Additional Landlord Tenant Regulations in Minnesota
In addition to having laws that address general issues like repairs and security deposits, most states, including Minnesota, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Minnesota
Minnesota landlords have the right to enter rental property for reasonable business purposes, such as maintenance and property showings. They must provide a “reasonable” amount of advance notice (usually at least 24 hours) before entering a property, unless it’s an emergency.
Rent Collection & Related Fees in Minnesota
The following state laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: 8% of the amount past due.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Required for cash.
Small Claims Court in Minnesota
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $15,000. Minnesota Small Claims Court is called Conciliation Court, which is a division of District Court. The process takes approximately one to three months.
Mandatory Disclosures in Minnesota
Minnesota landlords are required to give the following mandatory disclosures:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide information about lead-based paint concentrations.
- Authorized Agents: Landlords must also provide all the names and addresses of those involved in owning and managing the property.
- Late Fees: Any landlord who charges late fees must disclose the amount of the fee and if they will provide a grace period.
- Inspection/Condemnation: Tenants must receive all outstanding inspection and condemnation orders.
- Financial Distress: This disclosure is applicable to any property that has received a notice of foreclosure.
- Shared Utilities: Landlords must disclose if there is a single utility meter for multiple tenants.
- Unlawful Activities: Landlords shall provide notice that outlines legal obligations that fall on both the landlord and tenant.
Changing the Locks in Minnesota
Minnesota tenants can change their locks, as long as the rental agreement doesn’t say otherwise. Landlords are prohibited from changing locks unilaterally, as this is considered a form of illegal “self help” eviction.
Local Laws in Minnesota
Many cities in Minnesota have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Minneapolis Landlord-Tenant Rights
The City of Minneapolis has rules requiring landlords to only use “inclusive screening criteria” while performing background checks. Landlords cannot reject candidates for their credit score or for misdemeanor convictions. More info can be found here.
St. Paul Landlord-Tenant Rights
St. Paul’s Rent Stabilization Ordinance limits annual rent increases to 3% unless the landlord requests a rent increase exception for special circumstances.
