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Minnesota State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations, and Guides

Details

Security Deposit:

  • Security Deposit Maximum: No statute.
  • Security Deposit Interest: Landlords must give the tenant interest on the security deposit in the amount of one percent per year, calculated from the first day of the next month following the full payment of the deposit to the last day of the month that the landlord returns the deposit. (Minn. Stat. Ann. §§ 504B.178)
  • Separate Security Deposit Bank Account: No statute.
  • Pet Deposits and Additional Fees: No statute.
  • Deadline for Returning Security Deposit: Within 21 days of the tenancy’s termination or within five days of the date the tenant vacates the building or dwelling due to the legal condemnation of the property (Minn. Stat. Ann. §§ 504B.178).
  • Require Written Description / Itemized List of Damages and Charges: Yes (Minn. Stat. Ann. §§ 504B.178)
  • Record Keeping of Deposit Withholdings: No statute.
  • Receipt of Deposit: No statute.
  • Failure to Comply: If landlords fail to comply with Minn. Stat. Ann. §§ 504B.178, landlords must return the full deposit plus interest and a penalty equal to the amount withheld. If landlords withhold the deposit in “bad faith,” landlords may also be subject to a $500 fee (Minn. Stat. Ann. §§ 504B.178 (Subd 7)).
  • Sale/Transfer of Property: If a landlord’s interest in the property is terminated, the landlord has 60 days to return or account for the deposit to the tenant. (Minn. Stat. Ann. §§ 504B.178 (Subd 5))
  • Deposit Used as Last Month’s Rent: No tenant shall use the promise to pay for the last month’s rent. (Minn. Stat. Ann. §§ 504B.178 (Subd 8))

Lease, Rent & Fees:

  • Rent Is Due: No statute.
  • Rent Increase Notice: The landlord must give written notice of one rental period plus one day before the change (handbook).
  • Rent Grace Period: No statute.
  • Late Fees: Allowed if agreed to in the lease, but cannot exceed 8% of the overdue rent payment. (Minn. Stat. Ann. §§ 504B.177)
  • Prepaid Rent: No statute.
  • Returned Check Fees: No statute.
  • Receipt for Rent: Landlords are required to give a receipt if the tenant pays the rent in cash. (Minn. Stat. Ann. §§ 504B.118)
  • Screening Fee Allowed: Yes, as long as it is “reasonable” and is used to perform a background check on the applicant for an existing and available unit (Minn. Stat. Ann. §§ 504B.173, Minn. Stat. Ann. §§ 504B.175).
  • Written Lease Required: A landlord of a residential building with 12 or more units must have a written lease for each unit rented to a tenant. (Minn. Stat. Ann. §§ 504B.111)
  • Automatic Lease Renewals: Allowed, but with some restrictions. See Minn. Stat. Ann. §§ 504B.145 for details.
  • Subleasing: Allowed unless the lease prohibits it. The original tenant is still responsible for any damages or unpaid rent. (AG’s handbook)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but the rent money must be put in an escrow account and follow the rules in Minn. Stat. Ann. §§ 504B.384 (Subd 1)
  • Tenant Allowed to Repair and Deduct Rent: Yes, but the tenant must first obtain a judgment from a court. See the statute for further details (Minn. Stat. Ann. §§ 504B.425).
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (Minn. Stat. Ann. §§ 504B.172).
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No statute.

Notices and Entry:

  • Notice to Terminate Tenancy – Lease w/ Fixed End Date: No statute. The lease simply terminates as scheduled. Automatic lease renewals are allowed, but with some restrictions. See Minn. Stat. Ann. §§ 504B.145 for details.
  • Notice to Terminate a Tenancy at Will (incl. Monthly Leases): The time of the notice must be at least as long as the interval between the time rent is due, or three months, whichever is less (Minn. Stat. Ann. §§ 504B.135).
  • Notice to Terminate a Tenancy at Will for Non-Payment (incl. Monthly Leases): If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing (Minn. Stat. Ann. §§ 504B.135).
  • Termination for Lease Violation: No statute.
  • Notice of Date/Time of Move-Out Inspection: No statute.
  • Entry Allowed with Notice for Business, Maintenance, and Repairs (non-emergency): Yes, but the landlord must give “reasonable notice” (Minn. Stat. Ann. §§ 504B.211 (Subd 2)).
  • Examples of Entry for Reasonable Business Purposes: (AG’s handbook)
    • Showing the unit to prospective tenants,
    • Showing the unit to a prospective buyer or insurance agent,
    • Performing maintenance work,
    • Showing the unit to state or local officials (i.e., fire, housing, health, or building inspectors) inspecting the property,
    • Checking on a tenant causing a disturbance within the unit,
    • Checking on a tenant the landlord believes is violating the lease,
    • Checking to see if a person is staying in the unit who has not signed the lease,
    • Checking the unit when a tenant moves out,
    • Performing housekeeping work in a senior housing unit. A senior housing unit is defined as a building where 80% of the tenants are age 55 or older.
  • Emergency Entry Allowed Without Notice: Yes, immediate entry is allowed when it is necessary to necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement. Immediate entry is also allowed when it is necessary to determine a residential tenant’s safety, or when it is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant’s premises (Minn. Stat. Ann. §§ 504B.211 (Subd 4)).
  • Entry Allowed During Tenant’s Extended Absence: No statute.
  • Entry Without Tenant’s Presence: If the landlord enters when the tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises. (Minn. Stat. Ann. §§ 504B.211 (Subd 5)).
  • Penalty for Failure to Give Proper Notice: Consequences can be severe for the landlord, including termination of the lease, rent reduction, and/or a $100 civil penalty per occurrence (Minn. Stat. Ann. §§ 504B.211 (Subd 6)).
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts Allowed: No (Minn. Stat. Ann. §§ 504B.225, §§ 504B.375).
  • Utility Shut-offs Allowed: No (Minn. Stat. Ann. §§ 504B.375, §§ 504B.381).
  • Cold Weather Notice: Except by lease expiration, between November 15 and April 15 a tenant must give at least 3 days notice before abandoning or vacating so the landlord can winterize the property (Minn. Stat. Ann. §§ 504B.155).

Disclosures and Miscellaneous Notes:

  • Names and addresses: Landlords must disclose the name and address of the property owner and anyone authorized to manage the property. (Minn. Stat. Ann. §§ 504B.181)
  • Copy of the Lease: The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto (Minn. Stat. Ann. §§ 504B.115).
  • Domestic Violence Situations:
  • Landlord Responsibilities (Minn. Stat. Ann. §§ 504B.161):
    • Fit for Use: To ensure that the premises and all common areas are fit for the use intended by the parties;
    • Maintenance: To keep the premises in reasonable repair during the term of the lease, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant;
    • Energy Efficiency: To make the premises reasonably energy-efficient by installing weather-stripping, 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
    • Comply with Laws: 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.
  • Disclosure of Tenant Handbook: Landlords are required to notify residential tenants that the Landlords and Tenants Rights and Responsibilities Handbook is available to them. (Minn. Statute § 504B.181, Subd. 2(b))
  • Disclosure of Orders: Before signing a lease, paying rent, or paying a security deposit, a prospective tenant must be given a copy of all outstanding inspection and condemnation orders and declarations. (Minn. Statute § 504B.195)
  • Unlawful Activity: If tenant participates in unlawful activity as described in Minn. Stat. Ann. §§ 504B.171 (Subd 1), the tenant loses his/her right to possession of the premises, but may still be obligated to pay rent or satisfy other terms of the lease (Minn. Stat. Ann. §§ 504B.171 (Subd 2)).
  • Retaliation: Landlord must not terminate, refuse to renew a lease, or decrease services to a tenant who has filed an official complaint regarding a violation to a Government Authority or neighborhood organization in the previous 90 days (Minn. Stat. Ann. §§ 504B.441, §§ 504B.385 (Subd 2)).
  • No Smoking: Minnesota’s Clean Indoor Air Act prohibits smoking in all common areas within apartment buildings. (handbook)
  • Storage of Tenant’s Belongings: After an eviction, a tenant has 28 days to claim their belongings before the landlord can sell the belongings in order to pay for moving and storage costs. Tenants must pay for any storage costs when they claim the items. (handbook pg. 48)

Court/Legal Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
  • Minneapolis Rental Property Licenses

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor and Landlord/Tenant Associations

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