In Minnesota, a landlord’s obligation for providing a habitable living space is primarily governed by Minnesota Statutes §504B.161. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Hot/Cold Water, Heat, Sanitation Facilities. |
| Time Limit for Repairs | 14 Days |
| Tenant Recourse Options |
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Applicable Dwelling Types in Minnesota
The implied warranty of habitability in Minnesota does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | Not specifically addressed |
| Hotels/Motels | No |
Landlord Responsibilities in Minnesota
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Minnesota, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Heat required |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Not addressed |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Not addressed |
| Ensure that any stairs and railings are safe. | Not addressed |
| Ensure that all floors are in good condition and safe. | Not addressed |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Not addressed |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | Not addressed |
Note that Minnesota state law does not address most landlord-specific responsibilities.
However, many of these items are spelled out at the local level. Tenants will need to check with the local government where the rental unit is located to determine what landlords are required to provide in that location. It is unlawful for a landlord to rent a property that has been condemned or deemed unfit for human habitation.
Required Disclosures
Landlords are required to disclose the following to potential or current tenants:
- Any citations issued for violating health or safety standards.
- A notice of foreclosure on the rental property.
- The potential for lead-based paint for any units built prior to 1978.
Repairs, Recourse & Retaliation in Minnesota
If a rental property is in violation of the implied warranty of habitability in Minnesota, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
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.
Renter’s Rights if Repairs Aren’t Made in Minnesota
Renters in Minnesota have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. Landlords usually get 14 days to fix issues after being put on notice either from the renter’s written request or the government’s citation of a code violation.
If the issue isn’t fixed, the renter could get a court order for repairs, get a rent deduction or rent reduction, or (in extreme cases) claim constructive eviction and move out. Read More
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
- Minnesota Attorney General, “Landlords and Tenants: Rights and Responsibilities.”
- Minnesota Legislature, Minnesota Statutes, Chapter 504b, Landlord and Tenant.
- Landlord-Tenant Handbook: During the Tenancy
Sources
- 1 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 - 2 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
