Minnesota Tenant-Landlord Law

Overview of Minnesota Tenant-Landlord Laws

Navigating the relationship between tenants and landlords in Minnesota requires a solid understanding of the state's rental laws. These laws are designed to ensure fair treatment and establish clear responsibilities for both parties, promoting harmonious and lawful rental experiences.

Minnesota tenant-landlord laws cover a wide range of topics, including the process of entering into rental agreements, security deposits, and required lease disclosures. They outline the rights and responsibilities of both tenants and landlords during the tenancy, focusing on areas such as rent payments, tenant privacy, and maintenance obligations.

Specific provisions address issues like handling repair problems, forming neighborhood organizations, and complying with lead-based paint regulations. The laws also guide the proper termination of tenancies, eviction procedures, and the rights of tenants during foreclosures.

Minnesota has robust protections against retaliation and discrimination, ensuring tenants can exercise their legal rights without fear of adverse actions from landlords. The state also sets guidelines for utilities and weatherization, requiring landlords to maintain habitable living conditions throughout the year.

Recent law changes have introduced new regulations, such as extended notice periods for late rent payments, caps on rental application fees, and enhanced tenant privacy protections. These updates aim to increase housing stability and affordability while maintaining fair practices.

For resolving disputes, Minnesota offers multiple avenues, including conciliation courts and legal aid organizations, to help tenants and landlords navigate conflicts. Understanding these laws and resources can help both parties ensure their rental arrangements comply with state regulations and protect their rights.

Entering into the Agreement

Before signing a lease agreement, tenants in Minnesota have the right to inspect the rental unit thoroughly. It's advisable to document the condition of the unit with photos or video to establish a record of any pre-existing damages. Landlords cannot charge prospective tenants excessive screening fees, and fees for rental applications are capped at the actual out-of-pocket costs incurred for background and credit checks.

Security deposits in Minnesota are limited to one month's rent, regardless of whether the tenant has a pet or not. Landlords must provide tenants with written information about the rights and obligations regarding security deposits. This includes details on allowable deductions for damages, as well as the timeline for returning the deposit after move-out. Deductions for normal wear and tear are not permitted.

Security Deposit Laws

Security deposits are a common requirement for rental properties in Minnesota. State laws regulate how much landlords can charge for security deposits, how deposits must be handled, and the procedures for returning or withholding deposits at the end of a tenancy.

In Minnesota, security deposits are limited to one month's rent, regardless of whether the tenant has a pet. Landlords must provide tenants with written information about the rights and obligations regarding security deposits, including allowable deductions for damages and the timeline for returning the deposit after move-out.

Landlords cannot deduct for normal wear and tear. Allowable deductions include costs to repair damages beyond normal wear and tear, cleaning charges to restore the unit to its original condition, and any unpaid rent or utility bills.

After the tenant moves out, the landlord must return the full security deposit within 21 days if there are no damages or unpaid rent. If any portion is being withheld, the landlord must provide a written statement itemizing the deductions along with the remaining deposit amount.

Tenants have the right to dispute improper deductions through conciliation court if necessary.

For more detailed information on security deposit laws, refer to the Minnesota Legislature's guide on security deposits.

The Lease

In Minnesota, there are certain required disclosures that must be included in every written lease agreement. Landlords must provide tenants with their true name and address, as well as disclose any outstanding inspection orders or unresolved housing code violations for the rental unit. The lease must also specify if there is a shared meter for utility billing.

Responsibility for utility payments should be clearly outlined in the lease. If the tenant is responsible for some utilities, the landlord must provide them with the current utility rates and information on the average monthly utility costs for that unit. The lease should also state whether utilities can be disconnected if the tenant fails to pay.

Both the landlord and tenant have maintenance obligations under Minnesota law. Landlords must keep the rental premises in reasonable repair, maintaining proper sanitation and operating all supplied facilities. Tenants are responsible for using utilities and facilities in a reasonable manner and keeping their unit clean and undamaged beyond normal wear and tear.

Tenants generally cannot make alterations or additions to the rental unit without the landlord's prior consent, including remodeling, installing equipment, or landscaping changes. The lease should specify any restrictions around alterations. If allowed, the landlord can require the tenant to return the property to its original condition when they move out.

During the Tenancy

Once a tenant has moved into a rental property, both the tenant and landlord have certain rights and responsibilities during the course of the tenancy. 

The Rent

One of the tenant's primary obligations is to pay rent on time as stated in the lease agreement. The landlord must provide proper notice of any rent increases, typically between 30-60 days depending on the length of the lease term. Tenants cannot withhold rent without proper justification, as non-payment can lead to eviction proceedings. 

Tenant's Right to Privacy

Tenants have a reasonable expectation of privacy in their rental unit. Landlords must provide at least 24 hours notice before entering an occupied rental property and can only enter at reasonable times and for legitimate reasons such as repairs, inspections, or showings. Landlords cannot abuse this right of entry or use it to harass tenants.

Repair Problems

Landlords are required to maintain rental properties in habitable condition by making necessary repairs and keeping up with maintenance issues. Examples include fixing major problems with plumbing, heating, electricity, and anything that makes the property unsafe or unlivable. Tenants must notify landlords promptly of repair needs and allow access for repairs. If repairs are not made in a timely manner, tenants may have recourse such as rent withholding or repair-and-deduct remedies.

Neighborhood Organizations

Minnesota law allows for the formation of neighborhood organizations that give residents a voice in residential rental issues within their community. These organizations can address concerns like landlord behavior, property maintenance standards, and impacts on the neighborhood. Both tenants and landlords may be involved in such groups.

Rent Control

Minnesota does not have statewide rent control laws that limit how much landlords can raise rents. However, some local municipalities may have their own regulations or ordinances that address rent increases and tenant protections.

Rent control aims to stabilize rental prices and prevent excessive rent hikes, especially in areas with high demand for housing. These laws, where applicable, typically restrict the amount and frequency of rent increases landlords can impose on tenants.

While statewide rent control is not in place, tenants and landlords should stay informed about local regulations that may affect rental agreements and rent increases. Understanding these rules helps ensure compliance and promotes fair rental practices.

For more information on local rent control regulations, visit the Minnesota State Housing Finance Agency.

Ending the Tenancy

In Minnesota, there are specific laws governing how a landlord must properly terminate a tenancy and the rights of tenants during this process. Proper notice is required, with the amount of notice varying based on the rental period (month-to-month, annual lease, etc.). 

For a month-to-month tenancy, landlords must provide at least one full calendar month's notice before the tenancy end date. For leases with definite terms, the tenancy ends automatically when the lease expires without requiring notice, unless otherwise specified in the lease. However, the landlord should still provide advance notice of their intentions to avoid misunderstandings.

Victims of domestic abuse, criminal sexual conduct, or stalking may have the right to terminate their lease early without penalty. They must provide proper documentation and follow the required notice procedures.

During winter months (November 15 to April 15), special cold weather rules apply before a landlord can recover the rental unit. Tenants cannot be asked to vacate until proper notice is given and expiration of a tenant's redemption period.

When a tenant moves out, the landlord must return the security deposit within 21 days, minus any properly itemized deductions for unpaid rent or damages beyond normal wear and tear. An inspection should be conducted with the tenant present when possible. Deductions must be specifically listed out with associated repair costs. Tenants have the right to dispute any improper deductions through conciliation court.

Evictions in Minnesota

In Minnesota, housing courts handle landlord-tenant disputes, including eviction cases. The eviction process in Minnesota begins when the landlord serves the tenant with a written notice, such as a non-payment of rent notice or a notice to quit for other lease violations. 

If the tenant does not comply with the notice, the landlord can file an eviction action with the local housing court. The tenant will receive a summons and complaint, detailing the landlord's reasons for eviction. The tenant must appear in court on the scheduled date to present their defense.

Common defenses a tenant may raise include:

• The landlord failed to properly maintain the rental unit 
• The eviction is retaliatory because the tenant exercised their rights
• The tenant has a disability and needs reasonable accommodation
• The landlord accepted partial rent, waiving the right to evict for that period

Tenants can also file counterclaims against the landlord for violations like:

• Failure to return a security deposit  
• Entering the rental unit without proper notice
• Shutting off utilities illegally

If the court rules in favor of the landlord, an eviction order called a Writ of Recovery will be issued. The tenant has a short timeframe, typically a week, to vacate before law enforcement can remove them.

Throughout the process, proper notice periods and court procedures must be followed precisely by both landlords and tenants. Failure to do so can result in dismissal of the case. Tenants with limited means may qualify for free or low-cost legal aid for representation.

Retaliation and Discrimination

In Minnesota, both landlords and tenants are protected from acts of retaliation for exercising their legal rights. Landlords cannot terminate a lease, increase rent, decrease services, or start an eviction process in retaliation for a tenant making a good faith complaint to the landlord or to a government agency regarding code violations or other illegal practices. Tenants are also protected from retaliation for legally organizing or joining a tenant's union. 

Minnesota law prohibits housing discrimination based on race, color, creed, religion, national origin, sex, marital status, disability, familial status, or sexual orientation. Landlords cannot refuse to rent, impose different rental terms, or provide different services or facilities to tenants based on these protected classes. This extends to advertising rental properties as well. Both direct discrimination as well as policies that have an unjustified discriminatory effect are illegal.

Victims of domestic abuse, sexual assault, or stalking have additional protections, including the ability to terminate their lease early without penalty for safety reasons. It is illegal for landlords to discriminate against applicants or tenants who have previously terminated a lease under this law.

If tenants believe they have experienced illegal retaliation or discrimination by their landlord, they can file a complaint with the Minnesota Department of Human Rights or seek assistance from legal aid organizations and fair housing groups.

Utilities and Weatherization

In Minnesota, landlords and tenants share certain responsibilities when it comes to utilities and maintaining adequate heating during the winter months. Utilities must be properly installed and maintained by landlords to ensure rental units are habitable year-round. 

Under Minnesota law, landlords are required to provide utilities that allow for climate control and maintaining a minimum temperature in rental units during cold weather. From September 15th to April 15th annually, landlords must maintain a minimum temperature of at least 68°F, or 20°C. If temperatures drop below this minimum, even if utilities are working properly, landlords may need to provide alternate heating sources to meet the legal requirements.

Minnesota's "Cold Weather Rule" further protects renters by prohibiting utility companies from disconnecting heat sources during the winter months for customers who meet certain income requirements. Tenants must apply for cold weather protections and remain current on utility bills or make reasonable payment arrangements. Landlords cannot shut off utilities themselves as a way to force a tenant out.

As for other utilities like electricity and water, leases should clearly establish whether the landlord or tenant is responsible for paying those bills directly to the utility company. Failure by the landlord to pay their portion of the reasonable utility costs could be grounds for rent withholding or breaking the lease. Tenants are expected to maintain reasonable utility usage and may be liable for excessive or wasteful utility costs beyond a normal level of use.

Squatters' Rights

Squatters' rights in Minnesota, also known as adverse possession, allow individuals to claim ownership of a property under certain conditions. In Minnesota, squatters must meet specific legal requirements to gain ownership.

To claim adverse possession, a squatter must occupy the property continuously for at least 15 years. This occupation must be open, notorious, and hostile, meaning it is obvious to others, without the owner's permission, and in a manner that conflicts with the owner's rights. Additionally, the possession must be exclusive and uninterrupted for the entire period.

After meeting these conditions, the squatter can file a lawsuit to obtain legal title to the property through a quiet title action. This legal process involves presenting evidence of continuous and adverse possession in court. If successful, the court will grant ownership to the squatter.

Property owners can protect their rights by regularly inspecting vacant or unused properties, addressing unauthorized occupancy promptly, and securing their properties to prevent unauthorized access.

For more detailed information on squatters' rights, refer to the Minnesota Legislature's guide on adverse possession.

Foreclosures and Tenant Rights

If the rental property goes into foreclosure in Minnesota, it has significant implications for tenants' rights. When a property owner defaults on their mortgage, the bank or lender can take possession of the property through foreclosure proceedings. In such cases, tenants with a valid lease have certain protections under state and federal law.

In Minnesota, if there is a foreclosure, the new owner (typically the bank) must provide at least 90 days' written notice for the tenant to vacate the premises. This notice period applies even if the tenant has a lease agreement that extends beyond the 90 days. During this time, the tenant retains all rights under the existing lease, including the obligation to pay rent.

However, there are exceptions where tenants may be able to remain longer. If the tenant has a federally-backed mortgage (e.g. FHA, VA, USDA), they have additional protections under the Protecting Tenants at Foreclosure Act. This federal law allows bona fide, lease-holding tenants to remain until their lease term expires, even if that extends beyond 90 days from the foreclosure sale.

Tenants in foreclosed properties also have the right to relocation assistance from the new owner. The new owner must either provide a 90-day rent payment to cover moving costs, or allow the tenant to remain for 90 days rent-free. Failure to provide this assistance can result in the tenant suing for damages.

It's important for tenants to stay informed throughout the foreclosure process, pay rent on time, and respond to any notices from the new owner. Tenant advocacy groups can also provide guidance on asserting rights during foreclosure situations. While disruptive, the laws aim to prevent unnecessary displacement of renters when a property changes ownership.

Resolving Disputes

When disagreements arise between landlords and tenants in Minnesota, there are several options for resolving disputes. Communication and negotiation between the parties is always preferable, but when that fails, more formal resolution methods may be needed.

One avenue is the conciliation court system, which is a streamlined process for handling disputes involving money judgments of $15,000 or less. Conciliation court provides a faster, less expensive alternative to district court for landlord-tenant cases like seeking unpaid rent or return of a security deposit. The court aims to facilitate voluntary resolutions, but can also render binding decisions if needed.

For cases that exceed the conciliation court limits or involve more complex matters like lease violations or illegal evictions, the landlord or tenant may need to file a claim in the county district court. It's highly advisable for both parties to seek legal counsel when taking a dispute to district court.

Minnesota tenants and landlords also have the option of filing complaints with state agencies like the Attorney General's Office or the Department of Human Rights if violations of housing laws have occurred. These agencies can investigate claims, pursue enforcement actions, and in some cases assist with negotiating resolutions.

There are also numerous legal aid organizations and tenant advocacy groups throughout Minnesota that provide advice, dispute resolution services, and representation for lower-income renters facing issues with their landlords. Having knowledgeable assistance can greatly increase a tenant's chances of a favorable outcome.

Ultimately, open communication, knowledge of one's rights, and a willingness to compromise are key to resolving landlord-tenant conflicts efficiently and cost-effectively. But when parties remain intractable, Minnesota's judicial system and regulatory agencies provide recourse for protecting the rights of both renters and property owners.

Recent Law Changes

In 2022, Minnesota passed several laws impacting both tenants and landlords. One key change gives tenants more time to pay late rent before eviction by extending the notice period landlords must provide from 7 days to 15 days. This aims to reduce avoidable evictions over relatively small rent balances.

Another 2022 law prohibits landlords from screening prospective tenants based solely on their status as a Section 8 voucher holder. This helps protect against source of income discrimination in housing.  

Starting in 2023, landlords cannot charge tenants a rental application fee of more than $25 per individual. This caps what were previously uncapped screening fees that could price out lower-income renters.

Additionally in 2023, landlords must provide 24-hour notice before entering a rental unit to make repairs or other business, with exceptions for emergencies. This extends tenant privacy rights.

Minnesota has also enacted stronger penalties for landlord retaliation against tenants who exercise their rights, such as reporting violations. Retaliation through rent increases, service reductions, or eviction threats can now result in fines up to $16,000.

Overall, Minnesota's recent laws aim to increase housing stability, affordability, and protections for renters while still preserving landlord rights to operate rental businesses responsibly. Tenants and landlords should review the specifics of each law.

Resources

For tenants and landlords in Minnesota seeking additional assistance, information, or representation regarding landlord-tenant matters, there are numerous government agencies, advocacy groups, and legal aid organizations available as resources:

Government Agencies

• Minnesota Attorney General's Office - Landlords and Tenants: Rights and Responsibilities
• Minnesota Department of Human Rights 
• Local city/county housing inspection and code enforcement offices

Tenant Advocacy Groups

• HOME Line (Tenant advocacy organization)
• HousingLink (Affordable housing assistance) 
• Mid-Minnesota Legal Aid

Legal Aid Services

• Legal Aid Services of Northwest Minnesota
• Central Minnesota Legal Services  
• Southern Minnesota Regional Legal Services

Many of these organizations provide services like dispute resolution, mediation, legal advice/representation, fair housing enforcement, and education around landlord-tenant rights and responsibilities. Low-income tenants may qualify for free legal aid. Both landlords and tenants can access these resources when issues arise.

Frequently Asked Questions

What can a landlord not do in Minnesota?

In Minnesota, there are several restrictions on what landlords cannot legally do. Landlords cannot discriminate against tenants based on protected characteristics like race, religion, or disability status. They cannot lockout or constructively evict tenants by shutting off utilities or intentionally making the rental unit uninhabitable. Landlords must provide habitable housing meeting all building and housing codes. They cannot retaliate against tenants for making complaints or exercising their legal rights. 

What is the new rental law in Minnesota?

In 2023, Minnesota passed a law capping late fees for unpaid rent at 8% of the monthly rent amount. Additionally, application fees for rental properties are now limited to the actual costs of conducting background and credit checks. This law aims to prevent excessive fees that unfairly burden renters.

What are the new landlord laws in Minnesota in 2024?

No major new landlord-tenant laws have been announced yet for 2024 in Minnesota. However, legislative efforts are underway to further restrict tenant screening criteria like considering old evictions or minor criminal records. There are also proposals to strengthen tenant protections against predatory rent-to-own contracts.

Can landlords evict right now in Minnesota?

Yes, standard eviction procedures are currently allowed in Minnesota after a temporary eviction moratorium during the pandemic expired in 2022. However, landlords must still follow all legal requirements such as proper notice, court filings, and adhering to the eviction process timeline. Landlords cannot proceed with "self-help" evictions or lockouts.