Minnesota Lease Agreement

Required Landlord Disclosures (7)

Lease agreements are only one part of the equation when a new tenant moves in. Federal and state laws require landlords to inform tenants about important information regarding landlord-tenant laws and the specific rental unit. These disclosures vary from state to state and are important to share with tenants.

1. Lead-Based Paint: Federal law states that landlords of units built before 1978 must disclose any knowledge of lead-based paint or lead-based paint hazards on the property.

2. Landlord Identification: Minnesota landlords must disclose, in writing, the name and address of the person managing the property before the beginning of the lease term (MN Stat. § 504B.181).

3. Unlawful Activities: All Minnesota leases must contain state-approved language explaining the legal obligations landlords and tenants have to prevent unlawful activity on the property (MN Stat. § 504B.171).

4. Financial Distress: If a Minnesota landlord receives notice of foreclosure or deed cancellation on the unit, they must disclose it to tenants in writing before entering the lease agreement or receiving the notice (MN Stat. § 504B.151).

5. Shared Utilities: If multiple units share a utility meter, the landlord may charge tenants separately for utilities, but the percentages must be clearly outlined to all tenants (MN Stat. § 504B.215(2)).

6. Outstanding Inspections: If a tenant’s unit or common areas are late on inspections and have been subject to code violations or citations, landlords must make tenants aware at the time of lease signing or as they occur (MN Stat § 504B.195).

7. Landlord-Tenant Rights Handbook. Landlords must notify lessees that the Landlord and Tenants Rights and Responsibilities handbook is available at: https://www.leg.mn.gov/docs/2003/mandated/030343.pdf (Minn. Stat. § 504B.181 2(b)).

Security Deposit Regulations

Maximum Security Deposit Amount: Minnesota has no limit on security deposits.

Receipt of Deposit: Minnesota landlords are not required to provide tenants with a security deposit receipt or tell them where the deposit is held.

Interest: Landlords must pay tenants the interest on security deposits at a simple, non-compounded rate of 1% annually (MN Stat. § 504B.178(2)).

Deduction Tracking: Minnesota landlords can withhold funds from the security deposit to cover unpaid rent or restore the unit to its original condition, excluding wear and tear. When returning the remainder of the security deposit, landlords must provide a written statement that outlines the deductions (MN Stat. § 504B.178(3)).

Returning a Tenant’s Security Deposit: Landlords must return the security deposit within 21 days of the end of the lease term or within 5 days of the date the tenant surrenders the property back to the landlord (MN Stat. § 504B.178(3)).

Landlord’s Access to Property

Advance Notice: Minnesota landlords may enter the tenant’s unit as long as “reasonable notice” is given, typically 24 hours. Entry with less than 24 hours’ notice is acceptable with the tenant’s permission, and it must occur between 8:00 am and 8:00 pm (MN Stat. § 504B.211(2)).

Immediate Access: Immediate entry is allowed in cases of emergency to prevent injury relating to maintenance, building security, or law enforcement (MN Stat. § 504B.211(4)).

Landlord Harassment: Repeated violations of landlord entry laws could be considered landlord harassment. Landlords that harass tenants could be subject to civil penalties or “full rescission” of the lease agreement, which could force the landlord to return all rent payments made under the lease to the tenant (MN Stat. § 504B.211).

Rent Payment Laws

Grace Period: Minnesota has no state-mandated grace period for rent payments.

Late Rent Fees: Landlords in Minnesota can charge up to 8% of the late rent amount as long as it’s explicitly stated in the lease agreement (MN Stat. § 504B.177).

Tenant’s Right to Withhold Rent: Tenants can only withhold rent if the landlord fails to fix a building or health code violation within 14 days of receiving notice and a court confirms the validity of the complaint. The tenant may then handle the repair and deduct the cost from the rent (MN Stat. § 504B.395-425).

Breach of Rental Agreement

Missed Rent Payment: Once a tenant misses a rent payment, landlords may send the tenant a 14-day notice to pay or quit (MN Stat. § 504B.135).

Lease Violation: No state law describes how long a landlord must give to cure a lease violation, but landlords must clarify it in the lease.

Self-Help Evictions: Landlords should never attempt self-help evictions in Minnesota; they are illegal. Landlords should always follow the legal eviction process, regardless of the type of violation.

Lease Abandonment: Tenants who end their lease early and without proper cause could be liable for the remainder of the rent on the lease agreement. However, Minnesota landlords must mitigate the lost rent and attempt to re-rent the unit at a reasonable pace.

Ending a Lease

Month-to-Month: Either party can end a month-to-month lease with written notice at least one full rent period before the desired termination date (MN Stat. § 504B.135).

Fixed-Term: Tenants may end a fixed-term lease early and without penalty if they qualify under state law. Qualifying conditions for legal lease termination include entering into active military duty, domestic violence, tenant death, unenforceable lease, or landlord harassment.

Property Abandonment: Landlords must notify tenants and give them 14 days to recover any personal property left behind on the property. They are responsible for storing the property for at least 28 days after abandonment. Once that 28 days is up, landlords may sell or dispose of the property and could recoup costs from the sale of the materials or the tenant (MN Stat. § 504B.271).

Renewing a Lease

Required Renewals: Minnesota landlords are not required to renew a lease once the lease term ends.

Required Notice: Landlords must provide at least an entire rent period’s notice before ending a month-to-month lease. They are not required to provide specific notice when choosing not to renew a fixed-term lease unless otherwise stated in the lease agreement (MN Stat. § 504B.135).

Rent Control & Stabilization

Minnesota does not have statewide laws on rent control. However, some local jurisdictions have passed and implemented various rent control guidelines.