A summary of Minnesota Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Contact Information: Landlord must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. (Minn. Stat. Ann. §504B.181)
Condition of Property: The landlord must disclose the existence of any outstanding inspection orders, condemnation orders or declarations that the property is unfit before the tenant signs a lease or pays a security deposit. (Minn. Stat. Ann. §504B.195)
Buildings in Financial Distress: Once a landlord has received notice of a deed cancellation or notice of foreclosure, landlord may not enter into a periodic tenancy where the tenancy term is more than two months, or a lease where the lease extends beyond the redemption period (other restrictions may apply). (Minn. Stat. Ann. §504B.151)
Security Deposit: Before collecting rent or a security deposit, landlord must provide a copy of all outstanding inspection orders for which a citation has been issued, pertaining to a rental unit or common area, specifying code violations that threaten the health or safety of the tenant, and all outstanding condemnation orders and declarations that the premises are unfit for human habitation. Citations for violations that do not involve threats to tenant health or safety must be summarized and posted in an obvious place. With some exceptions, landlord who has received notice of a contract for deed cancellation or notice of a mortgage foreclosure sale must so disclose before entering a lease, accepting rent, or accepting a security deposit; and must furnish the date on which the contract cancellation period or the mortgagor’s redemption period ends. (Minn. Stat. Ann. §§ 504B.175, 504B.178)
Landlord and Tenant Promise: The following language must appear in every lease agreement “Landlord and tenant promise that neither will unlawfully allow within the premises, common areas, or curtilage of the premises (property boundaries): controlled substances, prostitution or prostitution-related activity; stolen property or property obtained by robbery; or an act of domestic violence, as defined by MN Statute Section 504B.206 (1)(e), against a tenant, licensee, or any authorized occupant. They further promise that the aforementioned areas will not be used by themselves or anyone acting under their control to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152.” (Minn. Stat. Ann. § 504B.171)
Security Deposit Limit
There is no state statute referencing a limit on security deposits.
Deadline for Returning Security Deposit
The security deposit must be returned within three weeks after the tenant has surrendered the rental property and provided the landlord a forwarding address. If the tenant must leave due to the building being condemned, then the deposit must be returned within 5 days. Landlords must also pay 1% simple noncompounded interest on the security deposit per year.
Small Claims Lawsuits
Landlord-tenant disputes may be file in Conciliation Court up to a maximum of $10,000.
A late fee policy must be agreed to in writing and may not exceed 8% of the past due rent payment.
A 30 day notice is required to change any term of a month-to-month. Longer term lease agreements must have rent increases in writing in order to be enforceable.
Tenant’s Right to Withhold Rent
If a unit develops a problem affecting the health or safety of a tenant and the landlord fails to act within a reasonable amount of time to correct the problem, the tenant may withhold rent or fix the problem and deduct the cost from the next month’s rent. See Minn. Stat. Ann. § 504B.385 for withholding and Minn. Stat. Ann. § 504B.425.
Termination and Eviction
An unconditional 14 day notice to quit may be used on a tenant at will who fails to pay rent when due.
Lease violations allow a landlord to file for an eviction immediately.
Access to Property
A reasonable notice needs to be provided to enter the property.
A landlord may not impose a penalty on a tenant for calling police or emergency assistance in response to domestic abuse. Landlords have the right to evict a domestic violence offender.
Minnesota Lease Agreement
Minnesota Landlord-Tenant Law Statutes
Minnesota Stat. Ann. §§ 504B.001 to 504B.471.