Minnesota
This article provides a quick overview of some key Minnesota Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Minnesota Statutes cited below to research this information and it should be a good starting point in learning about the law.
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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.