A Minnesota sublease agreement helps a landlord understand how an existing tenant rents all or part of a unit to a new occupant. This agreement supports a transparent handoff between tenants, keeps every party aligned with the original lease terms, and maintains lawful renting under the property owner’s established rules.
Does a tenant need a landlord’s permission to sublease in Minnesota?
Minnesota statutes do not provide a clear right to sublease, so a tenant must obtain the landlord’s approval when the lease requires it. A property owner strengthens control over the rental when the owner requires written consent within the main Minnesota lease agreement for any sublease.
To automatically cover subleasing in future leases, we recommend using a legally reviewed lease agreement builder to draft the contract.
Information to Include in a Minnesota Sublease
Landlords should approach subleases the same way they approach any standard lease because both arrangements outline clear expectations for everyone involved. The following list covers the key information landlords should include within a Minnesota sublease:
Names of landlord and sublessor: Include the full legal names of the landlord and sublessor so everyone understands who holds responsibility throughout the sublease.
Rental unit address: List the complete address of the rental unit to identify the exact space the subtenant will occupy under the agreement.
Length of the sublease agreement: Note the start and end dates to confirm the timeframe and set clear expectations for all parties.
Rent amount: Outline the monthly rent the subtenant pays and mention any additional charges that apply during the sublease period.
Division of utilities: Specify how the landlord and sublessor divide utility costs and link to any separate landlord-tenant utility agreement that explains these details.
Security deposit information: Describe the deposit amount and connect the terms to the security deposit laws in Minnesota to ensure full compliance.
Maintenance protocols: Outline how the subtenant handles repairs and routine upkeep, and include helpful guidance through this resource on rental property maintenance to keep expectations clear.
Property policies: Summarize the rules that govern the unit, including guest expectations, noise limits, and any restrictions that help protect the property.
Early termination terms: Explain the circumstances that allow either party to end the sublease early and highlight any fees or notice requirements tied to this option.
Landlord’s right to entry: Specify when the landlord may enter the rental property and describe how much notice the landlord provides before each visit.
Renter’s insurance: Note whether the subtenant must carry renter’s insurance and mention the minimum coverage the landlord expects throughout the sublease term.
Landlord’s consent to sublease: Confirm that the landlord has approved the sublease and include any conditions the landlord requires as part of that permission.
Subtenant’s obligation to comply with the master lease: Make clear that the subtenant must follow all rules in the original lease so that all expectations remain consistent and enforceable.
Move-in condition checklist: Attach a detailed checklist along with a move-in condition report to document the unit’s condition at the start of the sublease.
Emergency contact information: Provide accurate emergency contact information for the landlord and sublessor so the subtenant knows whom to contact in urgent situations.
Guest policy: Explain guest limits, visit durations, and any approval requirements to prevent disruptions and protect the property’s condition.
Copy of master lease: Include the full master lease so the subtenant understands all terms that carry over into the sublease.
Signatures: Ask every party to review the agreement and e-sign to show complete understanding and acceptance of the terms.
Additional attachments: Include any disclosures, addenda, or other documents that support the sublease and complete the agreement.
Taxes Implications for Short-Term Subleases
Short-term subleases in Minnesota can trigger state sales tax because the state treats lodging rented for fewer than 30 days as a taxable stay. The statewide sales tax applies in these situations, and a subtenant may see the added charge when the rental meets the definition of short-term lodging (Minnesota Statutes 297A.61).
Minnesota landlords stay prepared by reviewing local lodging tax rules in their jurisdictions, since cities and counties set their own short-term lodging tax rates.
For example, in Minneapolis, taxes include:
- Minnesota State Sales Tax – 6.85%
- Hennepin County Sales Tax – 0.15%
- Minneapolis Sales Tax – 3%
- Transit Improvement Sales Tax – 0.25%
- Minneapolis Entertainment Tax – 3%
