Some rental arrangements benefit more from flexibility than long-term structure. In Minnesota, many rental property owners use a month-to-month rental agreement, which allows both landlords and tenants to move forward one month at a time, with the lease renewing automatically until either party gives proper notice.
A Minnesota month-to-month lease agreement, sometimes referred to as a tenancy at will, still creates a binding legal relationship. Even without a fixed end date, the agreement must follow Minnesota landlord-tenant laws, including disclosure requirements, notice rules, rent regulations, and security deposit protections.
Here’s everything you need to know about a month-to-month rental in the Land of 10,000 Lakes.
Disclosures (7)
Before a tenant moves in, Minnesota law requires landlords to provide several disclosures that explain the property’s condition, tenants’ rights, and how the rental will operate.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards in all rentals built before 1978.
- Landlord name and address: State law requires landlords to include their name and contact information in any rental agreement template (Minn. Stat. § 504B.181).
- Unlawful activities: Your Minnesota lease template must include state-approved verbiage that explains the legal obligations landlords and tenants have to prevent illegal activity on the property (Minn. Stat. § 504B.171).
- Financial distress: In Minnesota, if a landlord receives notice of foreclosure or deed cancellation on your rental, they must disclose it to tenants in writing before signing the lease (Minn. Stat. § 504B.151).
- Shared utilities: If any units share a utility meter, or if any common areas share a meter with a unit, landlords must disclose how they split the cost of utilities between tenants (Minn. Stat. § 504B.215(2)).
- Outstanding inspections: If a unit or common area is late for inspections and has been subject to any code violations or citations, landlords must inform the tenants at the time of lease signing (Minn. Stat § 504B.195).
- Landlord-tenant rights handbook. Landlords must notify their tenants about the Landlord and Tenant Rights and Responsibilities handbook and where they can find it (Minn.
Optional Disclosures and Addenda
Optional disclosures help clarify expectations and reduce disputes during a month-to-month tenancy. While not required by state law, landlords often include them to provide clarity and help prevent future disputes.
Asbestos: Discloses known asbestos in the unit, if applicable, and provides tips to avoid or limit exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Medical marijuana use: Explains the rules regarding the use of medical marijuana in the rental.
Mold disclosure: Discloses any known or suspected mold issues in the unit, as well as options for treatment and removal.
Non-refundable fees: Outlines any fees that you will not refund or return at the end of the agreement.
Smoking: Informs tenants of the smoking policy for the rental, including any designated smoking areas on the property.
Additional Minnesota Month-to-Month Lease Laws
Minnesota law continues to apply to the rental agreement, even though it renews monthly and dictates how landlords should handle giving notice, lease violations, and more.
Notice to Terminate a Month-to-Month Agreement
Minnesota sets precise notice requirements for ending a month-to-month tenancy. Both parties must adhere to these timelines to legally terminate the agreement.
Required notice for tenant: Tenants must give landlords at least one full rental period of written notice, typically 30 days, before ending a month-to-month lease (Minn. Stat. § 504B.135).
Required notice for the landlord: Landlords must also provide tenants with at least one full rental period of written notice to terminate a month-to-month agreement (Minn. Stat. § 504B.135).
Laws Governing Rent Increases
Month-to-month agreements allow landlords to adjust rent more often than fixed-term leases, but Minnesota still requires proper notice.
Minnesota does not impose statewide rent control or rent stabilization. Landlords may increase rent by any amount, provided they give written notice at least one rental period before the increase takes effect. In most cases, this means giving tenants at least 30 days’ notice.
It is important to note that rent increases cannot be retaliatory or discriminatory.
Lease Violations and Eviction
When issues arise during a month-to-month tenancy, Minnesota law outlines specific steps landlords must follow before pursuing eviction.
Missed rent payment: If a tenant fails to pay rent, landlords may issue a 14-day Notice to Pay or Quit before filing for eviction (Minn. Stat. § 504B.321).
Lease violation: For violations other than nonpayment, landlords may issue a notice to comply or vacate, depending on the severity of the issue. Repeated or serious violations may allow the landlord to proceed directly toward eviction.
Lease abandonment: If a tenant leaves the unit without notice and shows no intent to return, landlords may treat the property as abandoned and take steps to secure and re-rent the unit while attempting to recover unpaid rent.
Self-help evictions: Self-help evictions are illegal in Minnesota. Landlords must use the court eviction process and may not change locks, shut off utilities, or remove tenant belongings without a court order.
Rent Payment Laws
Clear rules surrounding rent payment help keep month-to-month rentals predictable and fair.
Rent control/stabilization: Minnesota does not enforce statewide rent control or stabilization.
Late rent fees: Minnesota limits late fees to a maximum of 8% of the overdue rent, and landlords must disclose the fee in the lease agreement (Minn. Stat. § 504B.177).
Grace period: Minnesota law does not require landlords to provide a grace period unless the lease template includes one.
Tenant’s right to withhold rent: Minnesota tenants may withhold rent if the landlord fails to fix a valid building or health code violation within 14 days of receiving notice about the violation (Minn. Stat. § 504B.395-425).
Pet rent laws: Landlords may charge a pet deposit or a monthly pet rent as part of their Minnesota month-to-month lease agreement, as long as the amount is reasonable and the lease template clearly outlines the charges.
Security Deposits
Minnesota provides strong protections around how landlords collect, hold, and return security deposits.
Maximum amount: Minnesota law does not cap the amount a landlord may collect as a security deposit.
Deposit receipt: Landlords need not issue a receipt unless the tenant requests one.
Interest payments: Landlords must pay tenants the interest on security deposits at a simple annual rate of 1% (Minn. Stat. § 504B.178(2)).
Security deposit return: Landlords must return the balance of the security deposit, plus accrued interest, within 21 days after the tenant vacates the unit (Minn. Stat. § 504B.178).
Deductions: You have the right to withhold deductions from your tenant’s deposit to cover things like unpaid rent or damages beyond normal wear and tear. You must provide an itemized list of deductions.
Property Access Laws
Landlords may occasionally need access to a rental unit for repairs or inspections, but Minnesota law balances this to help protect tenant privacy.
Advance notice: Minnesota law requires landlords to give reasonable notice before entering a tenant’s unit, typically 24 hours. Landlord entry with less than 24 hours’ notice is acceptable with the tenant’s permission, however (Minn. Stat. § 504B.211).
Immediate access: If there is an emergency, you may enter the property without giving notice.
Harassment: Repeated entry without notice or misuse of access rights may qualify as landlord harassment and could allow the tenant to terminate the lease early.
