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Minnesota

A Minnesota lease agreement is a legally binding document that establishes the terms between a property owner and a tenant. It must include specific details mandated by federal and state law, such as the identities of both parties, the address and condition of the premises, lease duration, rent due dates, payment methods, and disclosures regarding hazards, late fees, and grace periods. Understanding Minnesota’s rental guidelines is essential for protecting legal and financial rights.

SimpleBasicLease_Minnesota

SimpleBasicLease_Minnesota

Rental Lease Laws Overview

  • Rent Control: There is no statewide rent control in Minnesota, although cities like St. Paul have enacted rent control ordinances.
  • Limit on Late Fees: Late fees are permitted and must be specified in the lease agreement.
  • Grace Period: There is no statutory grace period for rent payments.
  • License Required for Landlord: No statewide license is required for landlords, though specific cities may have their own requirements.

Required Lease Disclosures

Landlords must include the following disclosures in the lease agreement:

  • Identification: The lease must specify the person authorized to manage the premises and provide an address for sending notices.
  • Notice of Foreclosure: Written notice must be given if the residential property has entered the foreclosure process.
  • Covenant of Landlord and Tenant Not to Allow Unlawful Activities: The lease must include a clause prohibiting unlawful activities on the premises, including controlled substances and acts of domestic violence, as defined by MN Statute Section 504B.206 (1)(e).
  • Outstanding Inspection Orders: Disclosure is required if there are outstanding inspection and condemnation orders for the premises.
  • Lead-Paint Disclosure: Landlords of buildings constructed before 1978 must notify tenants of potential lead-based paint hazards.

Security Deposit

  • Maximum Amount: Minnesota law does not set a maximum amount for security deposits.
  • Receipts: Landlords must provide a receipt for the security deposit upon payment.
  • Interest Payments: Security deposits must be held in an account that earns simple non-compounded interest at a rate of 1% per annum.
  • Bank Account: Security deposits do not need to be kept in separate accounts but must accrue interest as specified.
  • Returning Requirements: Landlords must return the security deposit, with interest, within three weeks of the termination of tenancy.
  • Withholding Rules: If any portion of the security deposit is withheld, landlords must provide a written statement outlining the specific reasons for the withholding.

Rent Payments

  • Laws: Rent is due on the date specified in the lease agreement.
  • Late Fees and Grace Period: Late fees must be established in the lease agreement and may not exceed 8% of the monthly rent. There is no statutory grace period for paying rent.
  • Withholding Rent: Tenants may withhold rent and deposit it with a court administrator if repairs are needed and the landlord has been given written notice.

Landlord Right of Entry

  • Notice Requirements: Landlords must give 24 hours’ notice before entering the property, specifying a time and window of entry between 8:00 a.m. and 8:00 p.m., unless otherwise agreed.
  • Emergency Entry: Landlords may enter without notice if immediate entry is necessary to prevent injury, determine tenant safety, or comply with local ordinances regarding unlawful activity.
  • Keys, Locks, and Security: Landlords cannot lock out tenants without a court order. Tenants may hold landlords liable for illegal lockouts.

Property Repairs

  • Landlord Responsibilities: Landlords must maintain the property in a fit and habitable condition and make necessary repairs within 14 days of receiving written notice from tenants.
  • Tenant Repairs: If a landlord fails to make necessary repairs within 14 days, tenants may bring action against the landlord, and the court may order the tenant to fix the violation and deduct the cost from the rent.
  • Abandonment: When a tenant abandons a rental property, the landlord can take possession, store the tenant’s belongings, and may sell them after 28 days to cover costs, returning any extra proceeds to the tenant.

Terminating a Lease

  • Month-to-Month Tenancy: Landlords must give at least one month’s notice to terminate a month-to-month lease.
  • Unclaimed Property: Any belongings left by the tenant may be claimed by the landlord 28 days after giving notice.

Cold Weather Notice

Between November 15th and April 15th, Minnesota tenants must provide a landlord with at least three days’ notice before abandoning or permanently vacating the premises.

Statutes

FAQs

In Minnesota, lease agreements must include several required disclosures such as the identification of the property manager, notice of foreclosure, a covenant against unlawful activities, outstanding inspection orders, and lead-paint disclosure for buildings constructed before 1978.

Minnesota state law does not establish a maximum amount for security deposits. However, landlords must provide a receipt upon payment and hold the deposit in an interest-bearing account at a rate of 1% per annum.

Landlords in Minnesota must provide at least 24 hours’ notice before entering a rental property, specifying a time and window of entry between 8:00 a.m. and 8:00 p.m., unless immediate entry is necessary to prevent injury or comply with local ordinances.

In Minnesota, late fees must be specified in the lease agreement and cannot exceed 8% of the monthly rent. There is no statutory grace period for paying rent.

If a landlord fails to make necessary repairs within 14 days of receiving written notice, tenants may take legal action against the landlord. The court may allow the tenant to fix the issue and deduct the cost from their rent.

Landlords in Minnesota must return the security deposit, along with any accrued interest, within three weeks of the termination of tenancy. If any portion is withheld, the landlord must provide a written statement detailing the reasons.

To terminate a month-to-month lease in Minnesota, landlords must provide at least one month’s notice to the tenant.

Tenants in Minnesota may withhold rent and deposit it with a court administrator if there is a need for repairs and the landlord has been given written notice of the issue.

If a tenant abandons a rental property in Minnesota, the landlord can take possession of the property and store the tenant’s belongings. The landlord may sell the belongings after 28 days to cover costs, returning any excess proceeds to the tenant.