MN
Minnesota Landlord-Tenant Laws
Security Deposit Limits
Minn. Stat. § 504B.178, subd. 1
✅ Key Requirements
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- Minnesota has NO statewide cap on security deposit amounts
- Deposit amount must be reasonable and customary
- Some cities impose local limits — Minneapolis limits deposits to 1 month's rent and allows installment payments
- Deposit that is exclusively an advance payment of rent is not governed by § 504B.178
- Non-refundable fees (e.g., pet fees) are NOT prohibited by state law
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Security Deposit Interest Requirements
Minn. Stat. § 504B.178, subd. 2
✅ Key Requirements
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- Deposit must bear simple, non-compounded interest at 1% per annum
- Interest computed from first day of month following full deposit payment
- Interest runs through the last day of the month landlord complies with return requirements
- Interest amounts less than $1 are excluded
- No requirement for separate or interest-bearing bank account
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Security Deposit Return Timeline
Minn. Stat. § 504B.178, subd. 3
⏰ Timeline
- 21 days (3 weeks) after termination of tenancy AND receipt of tenant's mailing address
- 5 days after tenant vacates if building condemned (not tenant's fault)
- 60 days after termination of landlord's interest, or when successor is required to account, whichever is first
✅ Key Requirements
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- Landlord has 21 days (3 weeks) after tenancy terminates AND receipt of tenant's forwarding address
- Must return full deposit with interest, OR provide written statement of specific reasons for withholding plus balance
- If building condemned (not tenant's fault), deposit due within 5 days of tenant vacating
- Permitted deductions: unpaid rent, damages beyond ordinary wear and tear, other amounts owed under lease agreement
- Must provide initial inspection and move-out inspection when requested by tenant (§ 504B.182)
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Permitted Security Deposit Deductions
Minn. Stat. § 504B.178, subd. 3(b)
✅ Key Requirements
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- Deductions limited to amounts 'reasonably necessary' for permitted reasons only
- Permitted: Unpaid rent or other amounts due under the lease
- Permitted: Restoring premises to move-in condition, ordinary wear and tear excepted
- Cannot deduct for ordinary wear and tear (faded paint, minor scuffs, carpet aging)
- Burden of proof for withholding is on the LANDLORD (§ 504B.178, subd. 3(c))
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Tenant Remedies for Deposit Violations
Minn. Stat. § 504B.178, subds. 4, 7
✅ Key Requirements
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- Failure to return or provide written statement within 21 days: penalty equal to amount withheld PLUS interest, in addition to wrongfully withheld amount plus interest
- Failure to provide move-out inspection notice/completion: same penalty
- Bad faith retention: punitive damages up to $500 per deposit, in addition to above penalties
- Failure to transfer deposit on property sale within 60 days: $500 penalty per deposit
- Tenant can sue in conciliation court (small claims) in county where property is located or landlord's county of residence
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Initial and Move-Out Inspection Requirements
Minn. Stat. § 504B.182
✅ Key Requirements
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- Landlord must provide notice for initial inspection (move-in) and move-out inspection
- Must complete both inspections when requested by the tenant
- Failure to provide notice or complete inspection triggers deposit penalty under § 504B.178
- Inspections help establish baseline condition and document damages at move-out
- Tenant has the right to request and attend both inspections
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Eviction for Non-Payment of Rent
Minn. Stat. §§ 504B.291, 504B.321 subd. 1a
✅ Key Requirements
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- EFFECTIVE JANUARY 1, 2024: Landlord must provide 14-day written notice before filing eviction for nonpayment
- Notice must include: total amount due, itemized accounting of rent/late fees/charges, authorized person to receive payment
- Notice must include required statements about: legal aid resources (LawHelpMN.org), financial assistance (MNBenefits.mn.gov, 211)
- Must state landlord can file eviction 14 days after notice date if tenant doesn't pay or vacate
- Court must dismiss eviction without prejudice if landlord fails to provide required notice
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Eviction for Lease Violations
Minn. Stat. § 504B.285, subd. 1, 5
✅ Key Requirements
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- Landlord does NOT have to give tenant notice or opportunity to cure lease violations before filing
- Landlord can immediately file eviction lawsuit for lease violations
- Must attach current written lease and relevant addenda to complaint
- Must identify specific lease clause violated, nature of conduct, and dates of alleged violations
- Court hearing scheduled 7-14 days from summons issuance
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Eviction for Illegal Activity (Expedited)
Minn. Stat. §§ 504B.171, 504B.321 subd. 2, 504B.325
✅ Key Requirements
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- Expedited eviction for: illegal drug activity, prostitution, illegal firearms activity, storage of stolen property
- Also expedited for: behavior seriously endangering safety of other residents, intentional serious property damage
- Must file affidavit with specific facts supporting need for expedited hearing
- Expedited hearing: 5-7 days from summons issuance (vs. standard 7-14 days)
- Summons must be served within 24 hours of issuance
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Holdover Tenancy and Termination Notices
Minn. Stat. §§ 504B.135, 504B.285 subd. 1, 504B.147
✅ Key Requirements
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- Month-to-month tenancy: one full rental period (typically 30 days) written notice required
- Tenancy with 3+ month rental periods: 3 months' notice required to terminate
- If lease has no end provision, tenant becomes holdover on month-to-month basis after lease expires
- Automatic renewal provisions must be communicated to tenant 15-30 days before tenant's notice deadline (§ 504B.145)
- Rent increase notice cannot be shorter than the period tenant must give notice to quit (§ 504B.147)
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Prohibition on Self-Help Eviction
Minn. Stat. §§ 504B.225, 504B.231, 504B.281, 504B.365, 504B.375
✅ Key Requirements
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- Self-help eviction is illegal — landlord cannot forcibly remove tenant or tenant's belongings
- Cannot change locks, exclude tenant from building, or shut off utilities
- Violation is a misdemeanor (§ 504B.225)
- Tenant can sue for damages for illegal ouster (§ 504B.231)
- Only law enforcement can enforce Writ of Recovery after court judgment
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Warranty of Habitability — Landlord Maintenance Obligations
Minn. Stat. § 504B.161
✅ Key Requirements
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- Premises and all common areas must be fit for intended use
- Landlord must keep premises in reasonable repair during entire tenancy
- Exception: Disrepair caused by willful, malicious, or irresponsible tenant conduct
- Must make premises reasonably energy efficient (weatherstripping, caulking, storm windows/doors)
- Must comply with all applicable state and local health and safety laws
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Rent Escrow Action — Tenant Remedies for Habitability Violations
Minn. Stat. § 504B.385
✅ Key Requirements
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- Tenant remedies when landlord fails to maintain habitability:
- 1. Report to local housing inspector — inspector may cite landlord for code violations
- 2. File Rent Escrow Action: deposit rent with court administrator after 14 days written notice to landlord
- 3. Sue for rent abatement (return of part of rent) in conciliation or district court
- 4. Use landlord's failure to repair as defense to nonpayment eviction
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Landlord Right of Entry — Tenant's Right to Privacy
Minn. Stat. § 504B.211
✅ Key Requirements
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- Entry only for a 'reasonable business purpose'
- Must give reasonable notice — generally at least 24 hours advance notice
- Entry limited to 8:00 AM to 8:00 PM unless landlord and tenant agree otherwise
- Reasonable purposes include: showing to prospective tenants/buyers/insurance agents, performing maintenance, inspections
- NO NOTICE required for: emergencies threatening injury to persons/property, determining tenant safety, complying with law enforcement
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Anti-Retaliation Protections
Minn. Stat. §§ 504B.285 subd. 2-3, 504B.441
✅ Key Requirements
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- Landlord cannot evict, increase rent, or decrease services in retaliation for tenant's good-faith complaint
- Protected activities: complaining to landlord about code violations, contacting inspectors, exercising legal rights
- 90-DAY PRESUMPTION: If adverse action within 90 days of tenant's protected activity, LANDLORD bears burden of proving non-retaliation
- After 90 days: burden shifts to TENANT to prove retaliation
- Cannot evict tenant for calling police or requesting emergency assistance for domestic violence or health/mental health crises (§ 504B.205)
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Domestic Violence Tenant Protections
Minn. Stat. § 504B.206
✅ Key Requirements
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- Victims of domestic violence, criminal sexual conduct, or stalking may terminate lease early with written notice
- Must provide documentation (order for protection, police report, etc.)
- Tenant responsible for rent through end of month in which tenancy terminates
- Tenant forfeits claim to return of security deposit upon early termination
- Tenant continues to owe any amounts owed from before termination
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Rent Rules, Late Fees, and Rent Increases
Minn. Stat. §§ 504B.177, 504B.147, 504B.116, 504B.118
✅ Key Requirements
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- LATE FEES: Maximum 8% of overdue rent payment (§ 504B.177)
- Late fees only enforceable if agreed in writing; agreement must specify when fee applies
- Late fee not considered interest or liquidated damages
- Early payment discount not qualifying for late fee if missed
- Subsidized housing: late fee calculated only on tenant's portion of rent
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Required Landlord Disclosures
Minn. Stat. §§ 504B.181, 504B.111, 504B.195
✅ Key Requirements
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- MANAGER/AGENT: Must disclose names and business addresses of manager and owner/authorized representative (§ 504B.181)
- HANDBOOK NOTICE: Must notify tenants that AG's Landlord and Tenants handbook is available (§ 504B.181, subd. 2(b))
- WRITTEN LEASE: Required for leases 12 months or longer; penalty for failure (§ 504B.111)
- TENANT COPY: Landlord must provide tenant with copy of signed lease (§ 504B.115)
- INSPECTION ORDERS: Must disclose outstanding inspection or condemnation orders to prospective tenants (§ 504B.195)
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Tenant Right to Organize — Tenant Associations
Minn. Stat. § 504B.212
✅ Key Requirements
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- Effective January 1, 2025: tenants have right to establish and operate tenant associations
- Purpose: addressing issues related to living environment and terms/conditions of tenancy
- Landlord may not retaliate against tenants for organizing or participating in tenant association
- Part of broader 2023-2024 legislative reforms expanding tenant protections