Landlord Guide to Renting in Minnesota

Minnesota permits both written and oral leases. However, leases for a term of more than one year must be in writing under the Statute of Frauds (Minn. Stat. § 513.01). Written leases should clearly state the rent amount, due date, lease duration, and the rights and responsibilities of each party. Under Minn. Stat. § 504B.161, lease terms that waive a tenant's statutory rights are void.

• Oral leases are valid for terms of one year or less; longer terms must be in writing (Minn. Stat. § 513.01)
• Lease provisions waiving tenant rights under Minn. Stat. ch. 504B are void and unenforceable
• Month-to-month tenancies arise when no fixed term is specified or after a lease expires without renewal
• Landlords must disclose in the lease whether the property is in a municipality that requires rental licensing

Minnesota does not impose a statutory cap on the amount of a security deposit. However, the landlord must return the deposit with interest within three weeks of the tenant's departure, or within five days if the tenant was evicted due to building condemnation. Interest must be paid at a rate of 1% simple interest per year (Minn. Stat. § 504B.178).

• No statutory limit on the security deposit amount
• Deposit must be returned within three weeks (21 days) after the tenant vacates (Minn. Stat. § 504B.178)
• Interest at 1% per year must be paid on the deposit (Minn. Stat. § 504B.178, subd. 2)
• Landlord must provide a written statement of the reasons for any withholding with the remaining balance

Minnesota landlords must provide several disclosures before or at the commencement of the tenancy. Federal lead paint disclosure requirements also apply to pre-1978 properties.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Identity of the person authorized to manage the premises and an agent for service of process (Minn. Stat. § 504B.181)
• Outstanding inspection orders, condemnation orders, or declarations that the property is unfit (Minn. Stat. § 504B.195)
• Written disclosure of the tenant's right to be present at a move-out inspection (Minn. Stat. § 504B.178, subd. 3)

Rent is due on the date specified in the lease. Minnesota law does not mandate a statewide grace period. Late fees are permitted if specified in the lease and must be reasonable. Under Minn. Stat. § 504B.177, a landlord must provide at least a 14-day notice before filing an eviction for nonpayment of rent.

• Rent is due on the date stated in the lease
• No statutory grace period unless specified in the lease
• Late fees must be reasonable and clearly stated in the lease
• A 14-day notice to pay or vacate is required before filing for eviction based on nonpayment (Minn. Stat. § 504B.321)

Minnesota imposes a statutory covenant of habitability under Minn. Stat. § 504B.161. Landlords must keep the premises in reasonable repair and fit for intended use, maintain all common areas, and comply with applicable health and safety codes. Tenants have the right to seek rent escrow relief through the courts for habitability violations (Minn. Stat. § 504B.385).

• Maintain the property in reasonable repair and fit for the use intended (Minn. Stat. § 504B.161)
• Comply with all applicable building, housing, health, and safety codes
• Provide and maintain essential services: plumbing, heating, electricity, and hot water
• Keep common areas in clean, safe, and structurally sound condition

Under Minn. Stat. § 504B.211, a landlord must provide reasonable notice before entering a tenant's unit. Minnesota law defines reasonable notice as at least 24 hours for non-emergency entry. Entry must be at reasonable times and for lawful purposes.

• At least 24 hours' reasonable notice is required for non-emergency entry (Minn. Stat. § 504B.211)
• Entry must be at reasonable times for legitimate purposes (repairs, inspections, showing the unit)
• Emergency entry is permitted without advance notice
• The landlord may not abuse the right of entry or use it to harass the tenant

Minnesota does not have statewide rent control. However, Saint Paul voters approved a rent stabilization ordinance in 2021 that limits annual rent increases to 3%. Minneapolis has also explored rent stabilization. For month-to-month tenancies outside rent-controlled areas, landlords must provide reasonable written notice before a rent increase takes effect.

• No statewide rent control; Saint Paul caps annual increases at 3% (Saint Paul City Ordinance § 193A)
• For month-to-month tenancies, provide at least one rental period's written notice before a rent increase
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• Retaliatory rent increases are prohibited (Minn. Stat. § 504B.441)

Minnesota's notice requirements vary based on the length and type of the tenancy. The applicable sections are found in Minn. Stat. §§ 504B.135 and 504B.321.

• Month-to-month tenancy: one full rental period's written notice by either party, with the tenancy ending on the last day of the period (Minn. Stat. § 504B.135)
• Fixed-term lease: terminates at the end of the term without additional notice unless the lease states otherwise
• Nonpayment of rent: 14-day notice to pay or vacate (Minn. Stat. § 504B.321)
• Material lease violation: the notice period specified in the lease; if none, reasonable notice is required

Evictions in Minnesota are handled through an eviction (unlawful detainer) action filed in district court under Minn. Stat. § 504B.321 et seq. The landlord must first serve the required notice, then file an eviction complaint if the tenant does not comply.

• Serve the required notice (14-day notice for nonpayment or the applicable notice for lease violations)
• File an eviction complaint in district court (Minn. Stat. § 504B.321)
• The court schedules a hearing, typically within 7 to 14 days of filing
• If the court rules for the landlord, a writ of recovery is issued; the tenant typically has 24 hours to vacate after the writ is served

Under Minn. Stat. § 504B.178, landlords must return the security deposit within 21 days after the tenant vacates. If the landlord withholds any portion, a written statement itemizing the reasons and charges must be provided within the same period. Failure to comply can result in a penalty of up to $500 in addition to any wrongly withheld amount.

• Return deadline: 21 days after the tenant vacates (Minn. Stat. § 504B.178)
• Return deadline if tenant is evicted due to building condemnation: 5 days
• An itemized written statement of deductions must be provided with any withheld amount
• Failure to return the deposit or provide a statement may result in a penalty of up to $500 plus the wrongfully withheld amount (Minn. Stat. § 504B.178, subd. 7)