Overview of Landlord-Tenant Laws in Minnesota

Minnesota laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Minnesota landlords and tenants.

Rental Application and Tenant Screening Laws

Minnesota law regulates a good deal of the tenant application and screening process.

Application Fees

When it comes time to take an application from a potential tenant, Minnesota landlords can't:

• charge a screening fee when the landlord knows that no rental unit is available or will be available within a reasonable timeframe
• collect or hold a screening fee without giving the applicant a written receipt for the fee when requested by the applicant (it's okay for the receipt to be part of the application form)
• use, cash, or deposit a screening fee until all prior applicants have either been screened and rejected, or offered the unit and declined the rental.

Landlords who accept screening fees from applicants must disclose in writing the:

• name, address, and telephone number of the screening service the landlord will use (if they use one); and
• criteria they'll use to decide whether to offer the rental to the applicant.

Landlords must also notify the applicant within 14 days of rejecting their application and identify the criteria the applicant failed to meet.

When a tenant is rejected for any reason that the landlord doesn't disclose, or when a prior applicant accepts and signs a lease, the landlord must return the screening fee.

Landlords who violate Minnesota screening fee laws are liable to the applicant for the screening fee plus a civil penalty of up to $100, court filing costs, and reasonable attorneys' fees incurred to enforce the laws.

(Minn. Stat. § 504B.173 (2024).)

Prelease Deposits

A "prelease deposit" is any payment that a prospective tenant makes to a landlord before they've signed a lease or rental agreement. Minnesota landlords can accept prelease deposits only when they've entered into a written agreement with the tenant that includes:

• the circumstances under which the prelease deposit will be returned, and
• a notification that the landlord is required to return the prelease deposit within seven days of when such circumstances occur.

If the landlord and tenant do enter into a lease or rental agreement, the prelease deposit must be applied to the security deposit or rent. (Minn. Stat. § 504B.175 (2024).)

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Minnesota landlords are free to charge reasonable amounts for tenant screening reports. Minnesota law gives tenants the right to demand the information found by a tenant screening service, as well as the right to correct or explain the information contained within a tenant screening report. (Minn. Stat. § 504B.241 (2024).)

Criminal History Screening

Minnesota law doesn't prohibit landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Minnesota law also prohibits discrimination on the bases of creed, marital status, and status with regard to public assistance. (Minn. Stat. § 363A.09 (2024).)

For more information about fair housing in Minnesota, visit LawHelpMN.org's housing discrimination website.

Security Deposit Laws

Minnesota law doesn't place a limit on how much landlords can charge for a security deposit.

Interest on Security Deposits

Minnesota landlords must pay 1% interest per year on the security deposit. If the total interest is less than $1, it doesn't have to be paid. (Minn. Stat. § 504B.178 (2024).)

Return of the Security Deposit

The timing of when the landlord must return the security deposit depends on why the tenancy is ending. If the tenancy is ending because the tenant has left due to condemnation of the building, the landlord must return the security deposit within five days of the tenant moving out.

If the tenancy is ending for any other reason—such as the lease expiring—the landlord must return the security deposit within three weeks after the tenancy ends.

The tenant must give the landlord a mailing address or delivery instructions for return of the deposit. If the landlord is withholding any of the deposit, they must provide the tenant with a written statement describing the reason for withholding.

Move-In and Move-Out Inspections

Whenever a tenancy begins (or within 14 days of the tenant moving in), the landlord must notify the tenant of the right to request an initial inspection of the rental. The purpose of the inspection is to identify any preexisting problems so that the problems won't be charged against the tenant's security deposit. If the tenant requests an inspection, the landlord and tenant must schedule the inspection for a date they both agree on.

When either the landlord or tenant notifies the other of their intent to terminate the tenancy (or before the end of the lease term), the landlord must notify the tenant in writing of the tenant's right to request a move-out inspection. The tenant has the right to be present at the inspection. The inspection must occur at a reasonable time, but no earlier than five days before the tenancy ends. The purpose of the inspection is to allow the tenant an opportunity to fix any problems to avoid a deduction from the security deposit.

If the tenant doesn't request a move-in or move-out inspection, none is required.

(Minn. Stat. § 504B.182 (2024).)

Late Fees, Disclosures, and Other Rent Rules

In Minnesota, rent is due on whatever day the landlord and tenant agree to.

Grace Periods and Late Fees

Minnesota doesn't require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Landlords can't charge a late fee unless the tenant and landlord have agreed in writing that late fees can be imposed. Any agreement must specify when the late fee can be charged. The late fee can't be more than 8% of the overdue rent payment. (Minn. Stat. § 504B.177 (2024).)

Required Landlord Disclosures in Minnesota

In many states, landlords must disclose specific information to tenants and potential tenants. Minnesota landlords must disclose information about:

• Owner or agent identity: Landlords must disclose to tenants in writing at or before the beginning of the tenancy the name and address of the person authorized to manage the rental, as well as the name and address of the owner or a person who's authorized to act for the owner for the purposes of service of process and receiving demands. (Minn. Stat. § 504B.181 (2024).)
• Lease duration notice: Written leases must identify the lease start and end dates. If the lease requires the tenant to move in or out on a date other than the first or last day of the month, and the rent is prorated, the lease must indicate the amount of the prorated rent for the relevant months. This information must be provided on the first page of the lease. (Minn. Stat. § 504B.146 (2024).)
• Outstanding inspection orders, condemnation orders, or declarations that the property is unfit: The landlord must disclose the existence of these orders or declarations before the tenant signs a lease or pays a security deposit. (Minn. Stat. § 504B.195 (2024).)
• Building in financial distress: If a landlord has received a notice of a deed cancellation or notice of foreclosure, the landlord may not enter into a periodic tenancy where the tenancy term is more than two months or a lease whose term extends beyond the redemption period (other restrictions may apply). (Minn. Stat. § 504B.151 (2024).)
• Landlord and tenant mutual promises: The following mutual promises must be in every lease or rental agreement (either written or oral): 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 abuse, criminal sexual conduct, or harassment, as defined by MN Statute Section 504B.206(1)(a), 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. § 504B.171 (2024).)
• Screening fee: Before accepting a tenant screening fee, the landlord must disclose in writing the name, address, and phone number of the tenant screening service (if the landlord uses such a service) and the landlord's acceptance criteria. Landlords must notify applicants of a rejection (and identify the criteria the tenant didn't meet) within 14 days of the decision. (Minn. Stat. § 504B.173 (2024).)
• "Nonoptional" fees: The sum of all required fees must be described as the "Total Monthly Payment" on the first page of the lease and included in any ad or posting for the rental. (Minn. Stat. § 504B.120 (2024).)
• Utilities: In the lease and any advertisement for the rental, the landlord must disclose whether utilities are included in the rent. (Minn. Stat. § 504B.120 (2024).)
• Initial inspection right: The landlord must notify the tenant (at either the beginning of the tenancy or within 14 days of moving in) of their right to request an initial inspection. (Minn. Stat. § 504B.182 (2024).)
• Move-out inspection right: Within a reasonable time after notification of either the landlord's or the tenant's intent to end the tenancy (or before the end of the lease term), the landlord must notify the tenant in writing of the tenant's option to request a move-out inspection and of the tenant's right to be present at the inspection. (Minn. Stat. § 504B.182 (2024).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Rent Increases

Minnesota landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, landlords can't give a notice to raise the rent that is shorter than the time period for the tenant to give notice to end the tenancy. So, for example, if the month-to-month rental agreement requires the tenant to give 30 days' notice to end it, the landlord must give at least 30 days' notice to raise the rent. (Minn. Stat. § 504B.147 (2024).)

Minnesota Landlords Must Provide Habitable Rentals

Like landlords in all states, Minnesota landlords must provide rentals that are safe and fit for human habitation. Specifically, Minnesota landlords must:

• keep the rental and all common areas fit for the use intended by the parties
• maintain the rental in reasonable repair
• make the rental reasonably energy efficient by installing weather stripping, caulking, storm windows, and storm doors when it will result in energy cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing the measure, including interest, amortized over the 10 years following the incurring of the cost
• comply with applicable state and local health and safety laws, and
• supply or furnish heat at a minimum of 68 degrees Fahrenheit from October 1 through April 30.

(Minn. Stat. § 504B.161 (2024).)

Minnesota landlords also must promise not to allow illegal activities at the rental. (Minn. Stat. § 504B.171 (2024).)

Tenant Remedies in Minnesota

When a landlord fails to provide a habitable rental in Minnesota, tenants have options.

• File a complaint with a local health or housing agency. The tenant can request an inspection. The inspector can order the landlord to make repairs. (Minn. Stat. § 504B.395 (2024).)
• Place rent in escrow. If there is no local inspector available, or the landlord doesn't make the repairs after being ordered by the inspector, the tenant can give the landlord written notice of the problem at the rental. If the landlord hasn't fixed the problem within 14 days of the notice, the tenant can pay their rent to the court instead of the landlord, and ask the court to order the landlord to make the repairs. The court will usually schedule a hearing on the matter within 10 to 14 days. The tenant must carefully follow statutory procedures to begin a rent escrow action. (Minn. Stat. § 504B.385 (2024).) The court has the power to order the landlord to remedy the problem as well as grant other relief to the tenant. (Minn. Stat. § 504B.425 (2024).)
• Sue the landlord. Tenants have the right to sue the landlord when there's a habitability problem at the rental. Typically, bringing a rent escrow action is simpler than suing, but rent escrow actions might not be available in some situations. The tenant must first give the landlord written notice of the problem and 14 days to repair the problem before they can file a lawsuit. (Minn. Stat. § 504B.395 (2024).)
• Withhold rent. Withholding rent is risky for tenants—rent should be withheld only when the problem is serious and the landlord has failed to fix it after having been given notice. If a tenant wrongfully withholds rent, the landlord might have the right to file an eviction lawsuit for unpaid rent. Rather than being a proactive remedy, withholding rent due to a landlord's failure to fix a habitability problem is more often used as a defense to an eviction. (Fritz v. Warthen, 213 N.W.2d 339 (Minn. 1973).)

Small Claims Lawsuits in Minnesota

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims court in Minnesota is also called "Conciliation Court." The court hears cases in which the plaintiff—the person suing—isn't asking for more than $15,000.

Small claims court procedures tend to be simpler than those of regular courts, and although Minnesota allows parties to have lawyers, many people represent themselves.

Termination and Eviction Rules

Minnesota landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit (sometimes called an "unlawful detainer" action in Minnesota).

Notice of Termination for Cause

A landlord who wants to evict a tenant in Minnesota before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Minnesota include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• Unpaid rent. If a tenant doesn't pay rent on the date it's due, the landlord can give the tenant a 14-day notice to pay rent or quit (move out). The notice must state the total amount due; an accounting of the amount of the total due from unpaid rent, late fees, and other charges under the lease; the name and address of the person authorized to receive rent and fees; specific statements required by Minnesota law; and a statement that the landlord can file an eviction lawsuit 14 days after the date of the notice if the tenant doesn't pay rent or move out. (Minn. Stat. § 504B.321 (2024).)
• Violation of the lease. For violations of the lease, the landlord doesn't have to give the tenant notice or the opportunity to fix the violation. Instead, the landlord can immediately file an eviction lawsuit. An appearance in court will be not less than 7 or more than 14 days from the issuing of the summons in the case. A landlord can request an expedited hearing when the basis for the eviction is that the tenant is engaging in behavior that endangers health and safety or property. (Minn. Stat. §§ 504B.171, 504B.285, 504B.321 (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy.

Ending a Month-to-Month Tenancy Without Cause

If the landlord wants to end a month-to-month tenancy, the landlord must give the tenant a notice to quit. The notice to quit can't be shorter than the time period the lease provides for the tenant to give notice of their intent to move out. So, for example, if the tenant must give 60 days' notice to end a month-to-month tenancy, the landlord must also give the tenant at least 60 days' notice to end the tenancy. (Minn. Stat. § 504B.147 (2024).)

If the lease doesn't address the amount of notice required, either the tenant or the landlord can end the tenancy by giving notice at lease as long as the interval between the time rent is due or three months (whichever is less). (Minn. Stat. § 504B.135 (2024).) The notice must also be served before the first day of the month in which the tenancy will end. (Oesterreicher v. Robertson, 245 N.W. 825 (Minn. 1932).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it. Leases can have automatic renewal clauses, but in leases for longer than 10 months, landlords can't require a tenant to renew the lease more than 6 months before the lease is set to expire. (Minn. Stat. § 504B.144 (2024).)

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right such as seeking police or emergency assistance.

A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.

Illegal Evictions

Under Minnesota law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't exclude the tenant from the rental or cut services such as electrical, heat, gas, or water. Landlords who illegally evict tenants might be found guilty of a misdemeanor and have to pay the tenant damages and attorneys' fees. (Minn. Stat. §§ 504B.221, 504B.225 (2024).)

Minnesota Rules About Landlords' Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Otherwise, under Minnesota law, tenants are required to allow their landlord access to the property for "reasonable business purposes," including:

• showing the rental to prospective tenants during the notice period before the lease terminates or after the current tenant has given notice
• showing the rental to a prospective buyer or an insurance representative
• performing maintenance
• allowing inspections by state, county, or city officials for enforcing health, housing, building, fire prevention, or housing maintenance codes
• investigating a disturbance within the rental
• investigating a reasonable belief that the tenant is violating the lease within the rental
• allowing prearranged housekeeping work in senior housing where 80% or more of the tenants are 55 or older
• investigating, based on a reasonable belief, whether the rental is being occupied by someone who doesn't have the legal right to occupy it; and
• confirming that the tenant has vacated the rental.

Landlords must make a good-faith effort to give the tenant at least 24 hours' notice. The notice must specify a time or anticipated window of time for entry between 8:00 a.m. and 8:00 p.m. (Minn. Stat. § 504B.211 (2024).)

Minnesota Landlord-Tenant Statutes

If you want to read the text of a law itself, see the website of the Office of the Revisor of Statutes. The attorney general's office also has an excellent Landlords and Tenants: Rights and Responsibilities handbook (note: it appears to have been last updated in 2023, and some laws have changed since then).

Local Ordinances Affecting Minnesota Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Minnesota and then search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Minnesota.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Minnesota. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide