Minnesota Landlord Tenant Rights
Renting a home can be stressful, whether you are the lessor or the lessee. Take the stress out of rentals with our below guide on Minnesota landlord tenant rights.
The landlord has certain responsibilities to the tenant. These include:
- Providing a habitable dwelling
- Making requested repairs within 14 days
- Providing water and plumbing
- Providing functional HVAC equipment
- Reasonable notice of entry
The landlord is prohibited from evicting tenants due to issues arising from the habitability of the dwelling. Also, a landlord cannot require a tenant to waive their rights to file a lawsuit for violations of housing and safety regulations.
The tenant also has responsibilities to the landlord. These include:
- Keeping the unit in a safe and habitable condition
- Making minor repairs and maintenance
- Removal of garbage and general cleanliness of dwelling
- Not disturbing other tenants or neighbors
Minnesota law does not have a limit on the allowed amount a landlord may request for a security deposit.
The security deposit must be returned within 21 days after the tenants move out of the rental unit. A landlord is responsible for paying up to twice the original security deposit and $500 in damages if they wrongfully withhold a tenant’s security deposit. However, the security deposit can be withheld for the following reasons:
- Unpaid rent
- Unpaid charges
- Damage caused by the tenant beyond ordinary wear and tear
Landlord’s must provide the tenant a detailed written statement with the reasons for withholding a tenant’s security deposit.
Rent and Fees
Minnesota landlords can increase the rent for any amount without providing the tenant a justification. However, the landlord must provide a 1 month and 1 day notice to the tenant.
There are no limitations on fees for returned checks. Landlords can also charge the applicant screening fees as long as the rental unit is available and another applicant is not in the screening process for the same unit. Landlords can charge late fees up to 8% of the total value of the rental payment. There is no required grace period for a landlord to charge for late fees.
If a landlord does not make requested repairs within 14 days of a tenant’s request, a tenant may file a rent escrow action to ask the court for permission to use their own funds to make the repairs and deduct the cost from a rent escrow account.
Evictions can occur in Minnesota under the following circumstances:
- Nonpayment of rent
- Lease violation
- No lease or end of lease – a notice to quit is required to be provided by the landlord prior to eviction
- Illegal Acts (i.e. drug manufacture or prostitution)
A landlord cannot evict a tenant in retaliation or based on discriminatory reasons.
Tenants can end a lease early for the following listed reasons:
- Early termination clause
- Active military duty
- Domestic violence
- Landlord harassment
If a Minnesota tenant breaks the lease early, they may be required to pay the outstanding amount due on the lease agreement.
Lease Termination Notice
If the lease is Week-to-Week, the landlord must give a 7-day termination notice. If the lease is Month-to-Month, the tenant must receive a 1-3 month notice.
If the lease is being terminated for nonpayment of rent, breach of lease, performing an illegal activity on the premises or holding over after the lease has ended, a tenant must be served with a summons at least 7 days before the court date.