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Minnesota Landlord-Tenant Laws

Minnesota Landlord Tenant LawsThis article is intended to be an online resource for Minnesota landlords.  We summarize key Minnesota Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Minnesota Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Minnesota.

 

Quick Facts for Real Estate Investors Considering Minnesota

Minnesota landlord-tenant laws are considered Landlord-friendly.

There are 5.64 million residents in Minnesota.  Major metropolitan markets in Minnesota are:

  1. Minneapolis: Estimated population of 3,640,043, which 30% of residents are renter occupied.  Average rent is $1,057.
  2. Duluth: Estimated population of 288,732, which 29% of residents are renter occupied.  Average rent is $753.
  3. Rochester: Estimated population of 221,921, which 25% of residents are renter occupied.  Average rent is $902.
  4. St Cloud: Estimated population of 201,964, which 29% of residents are renter occupied.  Average rent is $768.
  5. Mankato: Estimated population of 101,927, which 34% of residents are renter occupied.  Average rent is $855.

 

Jump to Different Minnesota Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN MINNESOTA

 

Does Minnesota require security deposits? 

Minnesota does not require security deposits.

 

Is a security deposit receipt required in Minnesota? 

Minnesota does not require landlords to provide a receipt of security deposit.  However, if landlords accepted a cash deposit then a receipt is required.  We highly discourage accepting cash deposits. (Minnesota Statutes §§ 504B.118)

 

How much security deposit can a landlord charge in Minnesota? 

In Minnesota, there is no statute stating a maximum.

 

 

Storage Requirements for Security Deposits in Minnesota: 

No Statute.  Minnesota does not state any specific locations that landlords must keep the deposit.

 

 

Can security deposits be commingled with other assets in Minnesota? 

Landlords are allowed to commingle.

 

Do landlords have to pay interest on security deposits in Minnesota? 

Landlords are required to pay interest to the tenants.  Tenants are owed 1% annually, starting on the first day of the next month following their deposit payment and ending on the last day of the month security deposit is returned.  (Minnesota Statutes §§ 504B.178)

 

When must a landlord return the deposit by in Minnesota? 

In Minnesota, landlords have 21 days to return the security deposit.  Or, within 5 days if the tenant vacates due to the premises being legally condemned.  (Minnesota Statutes §§ 504B.178)

 

When can a landlord in Minnesota withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit if (Minnesota Statutes §§ 504B.178):

 

  • Unpaid rent and/or fees
  • Damage in excess of normal wear and tear

 

 

 

Nonrefundable fees: 

No statute.

 

Pet Deposits and Additional Fees:

No Statute.  Learn the difference between pet deposits, pet fees and pet rent.

 

Require written description / itemized list of damages and charges?

Minnesota Landlord-Tenant laws state landlords must provide a written statement within three weeks.  (Minnesota Statutes §§ 504B.178 Subd 4)

 

What happens to Minnesota landlords that fail to comply returning the security deposit?

Landlords that failure to provide a written itemized list returned by the deadline is liable for damages equal to the portion of security deposit withheld, plus interest. In addition, the amount wrongfully withheld plus interest.  (Minnesota Statutes §§ 504B.178 Subd 4)

 

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN MINNESOTA

 

Rental agreements required in Minnesota:

Rental agreements are required for leases 12 months or longer or if the property has more than 12 units.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Minnesota rental lease agreement.

 

What are the required lease provisions in Minnesota?

Minnesota does not requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

  • Rent Amount and Due Date
  • Length of the lease agreement
  • Late Fees and Penalties
  • Landlord’s responsibilities for maintenance and utilities
  • Tenant’s responsibilities for maintenance and utilities
  • Name of Landlord / Manager
  • Names of tenants
  • Description of the premises and rental unit

 

Landlords cannot include:

  • Tenants waiving any of their rights to file a lawsuit for safety regulations
  • Forcing tenants to pay landlords attorney’s fees and waiving their right for landlord to pay tenants attorney’s fees

 

 

 

What are the rental agreement notice requirements in Minnesota: 

Fixed-End or Year-to-Year: No Statute.  Lease simply expires upon the date in the lease agreement.

Month-to-Month: Landlords must provide at least a 30 day notice.  Technically Minnesota requires a notice the interval rent is paid, capped at 3 months. (Minnesota Statutes §§ 504B.135)

Week-to-Week: Minnesota requires a notice the interval rent is paid, therefore for weekly rentals at least 7 days would be required.  (Minnesota Statutes §§ 504B.135)

 

 

What happens when the tenant remains without consent after the rental agreement expires or terminates?

Landlords may pursue an immediate eviction when tenants holdover.  (Minnesota Statutes §§ 504B.135)

 

 

Does the lease automatically renew in Minnesota? 

Automatic lease renewals must be stated in the lease agreement.  (Minnesota Statutes §§ 504B.145)

 

Rent Increase Notice:

Landlords are required to provide at least one interval of rent payment plus a day.  For example, if the tenant pays rent monthly then the landlord must provide a month plus a day’s notice.

 

Rent Grace Period for Residential:

Minnesota does not have grace periods for rent payments.  Landlords may charge late fees the day after the rent due date.

 

Rent Grace Period for Manufactured Homes:

No Statute specifically for manufactured homes.  Follow the residential grace period.

 

 

Prepaid Rent:

No Statute.  Landlords may accept prepaid rent.

 

 

 

 

 

 

LATE FEES AND LIMITS IN MINNESOTA

Late Fees for Residential:

Landlords are allowed to charge late fees.  (Minnesota Statutes §§ 504B.177)

 

Late Fees for Manufactured Homes:

No Statute specifically for manufactured homes.

 

 

 

Limits to late fees in Minnesota:

Landlords cannot exceed 8% of the overdue rent payment.  (Minnesota Statutes §§ 504B.177)

 

 

MINNESOTA LEASE TERMINATIONS / NOTICES TO QUIT

 

In Minnesota, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Minnesota?

Minnesota requires a 14 day notice to pay rent, providing a Pay-Or-Quit Notice.  This notice can be sent the day after rent was due. (Minnesota Statutes §§ 504B.135)

 

How many days must a landlord allow before terminating for a Lease Violation?

Minnesota does not have a statute stating.

 

 

Minnesota allows immediate lease termination if the tenant is responsible for:

No Statute.

 

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MINNESOTA LAWS ON REPAIRS

 

Minnesota requires landlords provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so.  

How many days must the tenant give for non-emergency repairs? 

Landlords are allowed 14 days to make the repairs after being notified.  (Minnesota Statutes §§ 504B.211 Subd 2)

 

Can tenant withhold rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Tenants may deposit rent with the court administrator along with a copy of the written notice.  (Minnesota Statutes §§ 504B.385 (Subd 1)(c))

 

 

If the landlord fails to take necessary action, then the tenants can legally:

Tenant may remedy the situation with any of the following options (Minnesota Statutes §§ 504B.385 (Subd 1)(c)):

  • Deposit rent into the court administrator

 

 

 

MINNESOTA LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Minnesota defines certain responsibilities for landlords, including ( 83.51):

  • Landlord must keep the premises in repair
  • Landlord must keep the premise in compliance with health and safety laws
  • Landlord must maintain energy-efficient rental units

 

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

MINNESOTA TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  Tenants must conduct themselves and others in a manner not to disturb the neighbor’s peaceful enjoyment of their premises. 

 

Tenants must provide a 3 day notice to the landlord of intention to abandon, remove or vacate the premise from November 15 to April 15.  Failure to do so will make the tenant liable for any injury from freezing.  This is considered a misdemeanor.  (Minnesota Statutes §§ 504B.155)

 

 

 

 

MINNESOTA EVICTION LAWS

 

Minnesota requires a landlord to file an eviction, which allows the tenant to pay rent in 14 Days or face eviction court.

Landlords may evict tenants for the following:

  • Unpaid rent
  • Breach of lease agreement
  • Illegal activity on premises
  • Tenant is holding over after the lease expired

 

Can landlords do a ‘self help’ eviction?

In Minnesota, it is illegal for landlords to attempt to evict a tenant not through a court order.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks. (Minnesota Statutes §§ 504B.225) (Minnesota Statutes §§ 504B.375)

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities.  (Minnesota Statutes §§ 504B.375)  (Minnesota Statutes §§ 504B.381)

 

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

No Statute.

 

 

MINNESOTA LAWS ON RETALIATION

 

Minnesota laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

 

  • Tenant submitted a complaint to government agency for building or health code violation

 

If a landlord responds negatively within 90 days, it is assumed to be retaliation. (Minnesota Statutes §§ 504B.441)

 

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

 

A landlord cannot discriminate against prospective tenants or tenants because they have been a victim of domestic violence, sexual assault, rape or stalking.

 

Verify Claim:

A landlord is allowed to verify claim of Domestic Violence. (Minnesota Statutes §§ 504B.206 (Subd 1(b)))

 

 

Can a tenant terminate the least if they are a victim of domestic violence: 

Minnesota state law says a tenant with proof of Domestic Violence status.  (Minnesota Statutes §§ 504B.206 (Subd 1(b)))

 

 

Who is responsible for Recovery of Losses: 

If tenant is a sole tenant, they are responsible for rent of the full month that the lease is terminate.  As well as forgets all claims for their security deposit.  (Minnesota Statutes §§ 504B.206 (Subd 3(a)))

If tenant is with multiple tenants, all tenancies are terminated at the end of the month or rent interval.  (Minnesota Statutes §§ 504B.206 (Subd 3(a)))

 

 

Must Landlords Change Locks:

No Statute.

 

 

 

MINNESOTA LAWS FOR LOCKS AND LANDLORDS

Minnesota does not have any statutes or regulations regarding locks and security devices.

 

 

MINNESOTA PET LAWS & PET POLICIES

Minnesota Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

Any limitations on pets that landlords can impose?

No Statute.

 

 

What are the max pet deposits in Minnesota:

No Statute for max deposits.

 

 

 

 

DO LANDLORDS IN MINNESOTA NEED A RENTAL LICENSE?

 

According to Minnesota Landlord-Tenant Laws, landlords do not need a rental license in Minnesota.

Landlords and owner of a residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN MINNESOTA

Do landlords in Minnesota have to provide notice of entry? 

Minnesota does require landlords to provide a notice with ‘reasonable’ amount of time..  It is recommended that landlords provide 24 hours’ notice for normal circumstances entry.  Landlords may face a $100 civil penalty for each violation of entry without notice.  This includes   (Minnesota Statutes §§ 504B.211 (Subd 2)):

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees or buyers
  • Tenant has been absent from property for one-half of the periodic rental payment

 

When can a landlord enter without notice:

Due to an emergency.  Landlords must provide a written notice of their entry.  (Minnesota Statutes §§ 504B.211 (Subd 5))

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes, with reasonable notice. (Minnesota Statutes §§ 504B.211)

 

 

Can landlords enter for showings?

Yes, with reasonable notice. (Minnesota Statutes §§ 504B.211)

 

 

 

Can landlords enter for emergencies without notice?

Yes, with reasonable notice.  (Minnesota Statutes §§ 504B.211)

 

 

Can landlords enter during Tenant’s extended absence?

No Statute.

 

 

Can landlords enter for pesticide use?

No Statute.

 

 

 

 

MINNESOTA SUBLEASE AND ASSIGNMENT PROVISIONS

Is subleasing permitted?

Yes, there is no statute preventing subleasing.

 

 

Do you need the landlord consent?

If the lease includes a clause stating the landlord allows or requires consent.

 

 

Can the LL / lease prohibit subletting?

Yes, there is no statute.  Landlords should include language in their rental agreement to prohibit without approval.

 

 

 

 

TENANT ABANDONED PROPERTY IN MINNESOTA

 

Minnesota Landlord-Tenant Laws does specific procedures that landlords must follow when tenants leave belongings.  

 

How long must landlords hold Tenant’s personal property?

Landlords must hold onto a tenants personal belongings for 28 days.

 

How long notice must landlords give if law enforcement has legally locked them out?

No Statute. 

 

Can the landlords sell property to pay for outstanding debts?

Landlords can sell property to pay for storage and moving costs.

 

What happens to excess proceeds?

No Statute.

 

How long must landlords keep records of the sale for?

No Statute.  We recommend keeping records for at least 1 year to be safe.

 

Landlord must store the tenant’s abandoned property where:

No Statute.

 

 

 

Are the landlords liable for damage?

No Statute.

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR MINNESOTA LEASES

 

Minnesota Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Inspect and Condemnation Disclosure:  Prior to executing a lease or paying any rent and deposits, applicants must be given a copy of outstanding inspection orders.  As well as a copy of outstanding condemnation orders and declarations stating the property is unfit for habitation.

Foreclosure Disclosure:  Landlords must disclose to applicants if they have received a notice of contract for deed cancellation or notice of mortgage foreclosure.  This must be disclosed before the tenant executes the lease or pays any rent and deposit.

Landlords and Tenants: Rights and Responsibilities Disclosure:  Landlords are required to provide tenants the Landlord and Tenants: Rights and Responsibilities handbook.

 

 

 

HELPFUL RESOURCES

Minnesota Statutes §§ 504B – Landlord and Tenant

U.S. Department of Housing and Urban Development – Minnesota

Minnesota Department of Commerce – Insurance Division

Minnesota Consumer Guide to Renter’s Insurance

Minnesota Department of Consumer Protection

Tenants’ Rights in Minnesota

 

MINNESOTA RELATED COURT INFO & LINKS

Minnesota Small Claims Court Limits:

$10,000 is the limit for small claims court. 

 

 

Minnesota Eviction Cases Allowed in Small Claims:

No.

Minnesota Attorney General

Minnesota State Bar Association

Minnesota State Judicial Branch

How to File an Eviction Action in Minnesota

 

 

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