Minnesota

Minnesota Landlord Tenant Key Rules

Official Minnesota Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No statute. Common practice is 1-1.5x monthly rent
Security Deposit Interest:	1% annually computed from the first day of the month following the deposit payment until it’s returned. Minn. Stat. § 504B.178(Subd. 2.)
Separate Security Deposit Bank Account:	No statute
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	3 weeks after termination of tenancy or within 5 days of when the tenant leaves arising from legal condemnation. Minn. Stat. § 504B.178(Subd. 3.)(a)(1)(2)
Permitted Uses of the Deposit:	Default rent and restore premises beyond normal wear and tear. Minn. Stat. § 504B.178(Subd. 3.)(a)(1)(2)
Security Deposit can be Withheld:	Yes Minn. Stat. § 504B.178(Subd. 3.)(a)(1)(2)
Require Written Description/Itemized List of Damages and Charges:	No statute
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	No statute
Failure to Comply:	Landlord may be liable for a fine of up to $500. Minn. Stat. § 504B.178(Subd. 7.)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No specific statute. Common practice is at the beginning of each month or term if week-to-week for example unless otherwise stated in the lease agreement.
Payment Methods:	No statute
Rent Increase Notice:	It must be the same amount of time a tenant has to give notice to quit or one full rental period in the case of a periodic tenancy. Minn. Stat. § 504B.147
Late Fees:	8% of rent maximum. Amount must be stated in the lease. Minn. Stat. § 504B.177
Application Fees:	The landlord can only request a fee if a unit is already available or available within a reasonable timeframe. The fee must be returned if the applicant gets rejected. Receipt must be provided. Minn. Stat. § 504B.173
Prepaid Rent:	No specific prepaid rent statute beyond the security deposit provisions.
Returned Check Fees:	$30 fee Minn. Stat. § 604.113
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Tenant can deposit rent into an escrow account with the court after giving notice to landlord and timeframe to remedy has expired. Minn. Stat. § 504B.385
Tenant Allowed to Repair and Deduct Rent:	No specific statute. However, landlord has a duty to ensure premises are in habitable conditions and common areas maintained. Tenant can give notice to remedy or deposit rent into court per Minn. Stat. § 504B.161
Self-Help Evictions:	Not allowed Minn. Stat. § 504B.375
Landlord Allowed to Recover Court and Attorney’s Fees:	Yes. Must be stated in the lease Minn. Stat. § 504B.172
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute, however, common law practices might suggest that landlords are required to make reasonable efforts.

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	No statute for fixed leases. The lease simply expires.
Notice to Terminate a Periodic Lease – Week-to-week:	The notice must be as long as the intervals between when rent is due or three months, whichever is less. Minn. Stat. § 504B.135
Notice to Terminate a Periodic Lease – Month-to-Month:	The notice must be as long as the intervals between when rent is due or three months, whichever is less. Minn. Stat. § 504B.135
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	Within 14 days of move-in. 5 days before move-out Minn. Stat. § 504B.182
Notice of Termination for Nonpayment:	14-day notice to quit Minn. Stat. § 504B.321
Notice for Lease Violation:	No statute
Required Notice before Entry:	24-hour notice Minn. Stat. § 504B.211(Subd. 2)
Entry Allowed with Notice for Maintenance and Repairs:	Yes Minn. Stat. § 504B.211(Subd. 3)
Emergency Entry Allowed without Notice:	Yes Minn. Stat. § 504B.211(Subd. 4)
Entry Allowed During Tenant’s Extended Absence:	No statute
Entry Allowed with Notice for Showing the Property:	Yes Minn. Stat. § 504B.211(Subd. 3)
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	Not allowed Minn. Stat. § 504B.375
Utility Shut-offs Allowed:	Not allowed Minn. Stat. § 504B.375
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Must disclose owner and manager contact info. (Minn. Stat. § 504B.181)
• Copy of the Lease: Required to provide a copy of lease. (Minn. Stat. § 504B.181)
• Domestic Violence Situations: Victims may terminate lease with documentation. (Minn. Stat. § 504B.206)

Duties

Landlord’s Duties

• Compliance: Comply with housing and health codes. (Minn. Stat. § 504B.161)
• Repairs: Keep premises in reasonable repair. (Minn. Stat. § 504B.161)
• Common Areas: Maintain in clean and safe condition. (Minn. Stat. § 504B.161)
• Maintenance: Ensure systems are functional. (Minn. Stat. § 504B.161)
• Garbage: Provide trash facilities. (Standard practice)

Tenant’s Duties

• Cleanliness: Maintain clean dwelling. (Common law)
• Trash: Dispose of garbage properly. (Common law)
• Plumbing: Keep fixtures clean. (Common law)
• Appliances: Use appropriately. (Common law)
• Damage: Do not cause damage. (Minn. Stat. § 504B.171)
• Quiet Enjoyment: Avoid disturbances. (Common law)
• Subleasing: Must follow lease terms. (Lease-specific)
• Retaliation: Not allowed. (Minn. Stat. § 504B.441)
• Lead Disclosure: Federal law.