Tenants in Minnesota have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must properly notify the landlord in writing and allow 14 days for the repairs to be made.
Minnesota Landlord Responsibilities for Repairs
Minnesota landlords are responsible for keeping all of the following in good working condition:
- Plumbing
- Heating (specifically to at least 68 degrees Fahrenheit, between October 1 through 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
- Anything required by locally applicable health and safety laws
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Minnesota?
Tenants in Minnesota are responsible for repairing any damage they cause to the property through their own deliberate or irresponsible actions, which affects health and safety.
On a case by case basis, the landlord and tenant can agree in a conspicuous writing for the tenant to handle specific maintenance, but this can’t include basic statutory habitability and energy efficiency requirements, and the tenant has to receive consideration in return such as a rent reduction.
Requesting Repairs in Minnesota
Minnesota tenants must request repairs by notifying the landlord, in writing, of the condition that needs repair. Additionally, when the local government has cited the landlord for a code violation, that counts as putting the landlord on notice, and the renter doesn’t need to submit a repair request.
How Long Does a Landlord Have To Make Repairs in Minnesota?
Minnesota landlords have 14 days to make repairs after getting a written notice, except for code violations where the renter can show good reason for a shorter period of time.
Can the Landlord Refuse To Make Repairs in Minnesota?
Minnesota landlords cannot refuse to make repairs that are their responsibility, even if the tenant isn’t current on rent. Minnesota courts have clearly stated that failure to repair relieves the tenant of at least part of the responsibility for rent.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Minnesota?
Minnesota landlords are not required to pay for alternative accommodation while they conduct repairs.
Tenant’s Rights if Repairs Aren’t Made in Minnesota
Minnesota tenants have the standard remedy to file a rent escrow action if the landlord doesn’t perform timely repairs. The escrow action court can order repairs, or various kinds of rent reduction and deduction. For severe issues, a tenant can also file an emergency tenant remedies action to get a court order for the landlord to begin fixing a violation immediately. If the problem is severe enough, the renter might also claim constructive eviction and move out.
Can the Tenant Withhold Rent in Minnesota?
Minnesota tenants can withhold rent as part of a court-approved rent escrow action. For severe habitability issues, a tenant can also claim constructive eviction, which involves moving out and suspending rent payments. Constructive eviction doesn’t require a court action.
Can the Tenant Repair and Deduct in Minnesota?
Minnesota tenants can arrange for repairs and deduct from the rent, as part of a court-approved rent escrow action.
Can the Tenant Break Their Lease in Minnesota?
Minnesota tenants can break the lease as part of a court-approved rent escrow action. They can also break the lease in cases of extreme damage to the property that renders it uninhabitable but wasn’t the tenant’s fault.
Can the Tenant Sue in Minnesota?
Minnesota tenants can sue by filing a rent escrow action if the landlord fails to make timely repairs, which gives a court broad powers to order relief for any issues. For severe issues, a tenant can also file an emergency tenant remedies action. Emergency tenant remedies courts have the power to quickly order
Can the Tenant Report the Landlord in Minnesota?
Minnesota tenants can report landlords to the local inspections or code enforcement department, for code violations that affect health or safety. If an inspecting officer finds a violation, the landlord is considered legally on notice to repair it for rent escrow purposes.
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.
Sources
- 1 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 - 2 Minn. Stat. § 504B.385(1)(b) (2022)
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“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 - 3 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 - 4 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 - 5 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 - 6 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 - 7 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 - 8 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 - 9 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 - 10 Minn. Stat. § 504B.161(2) (2022)
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“The landlord or licensor may agree with the tenant or licensee that the tenant or licensee is to perform specified repairs or maintenance, but only if the agreement is supported by adequate consideration and set forth in a conspicuous writing. No such agreement, however, may waive the provisions of subdivision 1 [basic statutory habitability and energy efficiency requirements] or relieve the landlord or licensor of the duty to maintain common areas of the premises.”
Source Link - 11 Minn. Stat. § 504B.385(1)(b) (2022)
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“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 - 12 Ellis v. Doe, 924 N.W.2d 258, 261-62 (Minn. 2019) (internal citations omitted)
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“Based on the statutory directive to liberally construe the covenants, we concluded that the covenants of habitability and the covenant for payment of rent are mutually dependent rather than independent. Because the two covenants are mutually dependent, the rent, or at least part of it, is not due under the terms of the lease when the landlord has breached the statutory covenants. We noted that three possible alternative remedies are available to enforce the statutory covenants. The first was for the tenant to raise the landlord’s breach as a defense to an eviction action; the second was for the tenant to bring an action against the landlord; and the third was for the tenant to raise the landlord’s breach as a defense after vacating the premises and suspending rent payments.”
Source Link - 13 Minn. Stat. § 504B.425 (2022)
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See Minn. Stat. § 504B.425 (2022) for a detailed description of the court’s equitable powers, scope of receivership, etc. appurtenant to a rent escrow action.
Source Link - 14 Minn. Stat. § 504B.131 (2022)
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“A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender such a building. A tenant or occupant may expressly agree otherwise except as prohibited by section 504B.161 [statutory implied warranty of habitability].”
Source Link - 15 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 - 16 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 - 17 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 - 18 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.
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