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. Minnesota law now requires a number of specific disclosures with a Notice To Quit.
- 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, eviction, changes to the rental agreement, or contacting law enforcement about a tenant’s immigration status. The law presumes retaliation when a landlord does one of these things against tenants who report landlord violations, seek assistance from community, news, or tenant organizations, or exercise other legal rights and remedies.
The landlord has to prove non-retaliatory intentions if any of the previously mentioned tenant actions take place fewer than 90 days after a complaint. If a court finds a landlord retaliated, the court will stop any eviction against the tenant and award the tenant reasonable attorney fees plus $1,000 per occurrence of retaliation.
Security Deposits in Minnesota
Collections and 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 and 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 and 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 unequal terms, conditions, or privileges to different tenants
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, property showings, and inspections (including for potential lease violations). They must provide at least 24 hours of advance notice before entering a property, unless it’s an emergency. If the tenant isn’t present, the landlord must leave written evidence of entry.
Rent Collection and 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.
Sources
- 1 Minn. Stat § 504B.321(1a)
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(a) Before bringing an eviction action alleging nonpayment of rent or other unpaid financial obligation in violation of the lease, a landlord must provide written notice to the residential tenant specifying the basis for future eviction action. The notice must include:
(1) the total amount due;
(2) a specific accounting of the amount of the total due from unpaid rent, late fees, and other charges under the lease;
(3) the name and address of the person authorized to receive rent and fees on behalf of the landlord;
(4) the following statement: “You have the right to seek legal help. If you can’t afford a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local Legal Aid office.”;
(5) the following statement: “To apply for financial help, contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709.”; and
(6) the following statement: “Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days.”
(b) The landlord or an agent of the landlord must deliver the notice personally or by first class mail to the residential tenant at the address of the leased premises.
(c) If the residential tenant fails to correct the rent delinquency within 14 days of the delivery or mailing of the notice, or the number of days required by a local government rule or law if the notice period prior to an eviction required by the local government is longer than 14 days, or fails to vacate, then the landlord may bring an eviction action under subdivision 1 based on nonpayment of rent.
Source Link - 2 Minn. Stat. § 504B.211
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Subdivision 1. Definitions.For purposes of this section, “landlord” has the meaning defined in section 504B.001, subdivision 7, and also includes the landlord’s agent or other person acting under the landlord’s direction and control.
Subd. 2. Entry by landlord. 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.
Subd. 3. Reasonable purpose. 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.
Subd. 4. Exception to notice requirement. Notwithstanding subdivision 2, 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.
Subd. 5. Entry without residential tenant’s presence. 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.
Subd. 6. Penalty. 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 - 3 Minn. Stat. § 504B.212(2)(a)
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A landlord may not increase rent, decrease services, alter an existing rental agreement, file a legal action against a tenant, contact federal or state law enforcement related to a tenant’s immigration status, or seek to recover possession or threaten any such action in whole or in part in retaliation after a tenant:
(1) reports a code violation to a government agency, elected official, or other government official responsible for the enforcement of a building, housing, health, or safety code;
(2) reports a building, housing, health, or safety code violation, or a violation of this chapter, to a community organization or the news media;
(3) seeks the assistance of a community organization or others, including but not limited to a media or news organization, for assistance with a code violation or a violation of this chapter;
(4) makes a request that the landlord of a residential building make repairs to the premises as required by this chapter, or remedy a building or health code, other regulation, or uphold portions of the residential rental agreement;
(5) joins or attempts to join a tenant association or similar organization; or
(6) testifies in any court or administrative proceeding concerning the condition of the premises or exercised any right or remedy provided by law.
Source Link - 4 Minn. Stat. § 504B.212(2)(b) & (3)
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(b) In any proceeding in which retaliation is alleged, the burden of proof shall be on the landlord, if the landlord’s alleged retaliatory action was within 90 days of the tenant engaging in any of the activities identified in this subdivision. If the challenged action began more than 90 days after the resident engaged in the protected activity, the tenant claiming the landlord is retaliating has the burden of proof.
Subd. 3. Penalties. If a landlord, an agent, or other person acting under the landlord’s direction or control unlawfully and in bad faith violates this section, the tenant may recover from the landlord up to $1,000 per occurrence and reasonable attorney fees.
Source Link
