Minnesota Landlord-Tenant Law: FAQs
In this section, we have covered all your questions related to “Minnesota landlord-tenant law“.
Are there rent control/rent stabilization policies or laws in Minnesota?
The state of Minnesota has not established rent control or stabilization practices.
What special rules are there regarding rental applications?
According to 504B.173 of the Minnesota Landlord-Tenant Laws, the following are important points to know with regard to rental applications. Additionally, the landlord should be very familiar with the Fair Housing Laws as well as the Fair Credit Reporting Act.
- There is a limit to the number of applicant screening fees. A landlord or the landlord’s agent may not charge an applicant a screening fee when the landlord knows or should have known that no rental unit is available at that time.
- A landlord or agent must return the screening fee amount that was not used to perform a tenant screening report, consumer credit report, or personal reference check. The screening fee may be mailed to the tenant or retrieved by pick up. If payment was made by check, it may be destroyed upon the request of the applicant.
- Before accepting any application fee, the landlord or agent must inform the prospective tenant in writing, the name, address, and telephone number of the service the owner will use for the screening process. The letter must also include the criteria in which the decision to accept the application will be based on.
- In addition to any other remedies, a landlord who violates this section is liable to the applicant for the application fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.
What is the maximum amount I can collect as a security deposit?
There is no limit to the security deposit charged to the tenant so long as it is reasonable.
My tenant has moved out, what do I do with their security deposit?
According to Minnesota landlord-tenant law, once the tenant vacates the landlord must return the balance of the security deposit plus one percent interest (currently). This must be done within 21 days after the day the tenancy ends and the tenant has provided a forwarding address. Interest begins on the first day of the month after receiving full payment of the security deposit. Interest is paid to the last day of the month in which the landlord returns the deposit. If there are any deductions made, a complete accounting must be mailed to the tenant’s forwarding address with any balance thereof.
May I charge a late rent or returned payment fee?
Landlords may assess late fees when the rent is past due if it is in writing. However, the fee must approximate the actual damages suffered and must compensate; they cannot penalize. Returned check fees may not to exceed $30; and must be specified so in the lease or posted conspicuously on the Leased Premises. Minn. Stat. § 604.113
How can I end a Minnesota lease agreement?
Under Minnesota landlord-tenant law, if there is no provision in the lease stating how much advance notice must be given to end the tenancy, the landlord or tenant must provide written notice of at least one full rental period before the tenancy’s last day. The same is true for periodic leases such as month-to-month or week-to-week.
Are there circumstances where I am required to release a tenant from a lease agreement?
The “personal representative” of a renter’s estate may terminate a lease upon the death of the renter after two full months’ written notice. A tenant may vacate a unit if it becomes uninhabitable or unfit for occupancy. In certain circumstances, a renter called to duty in the armed forces can give 30 days’ notice. The military service member/tenant should contact his/her Judge Advocate General Office for information. A victim of domestic abuse may terminate a rental agreement by providing proper written notice.
My tenant has not paid rent; how much notice do I have to give a tenant in order to evict them?
In general, if a tenant does not pay rent on the day it is due, the landlord may immediately bring an Eviction Action unless the lease provides otherwise.
Can I require my tenants to obtain renter’s insurance?
Landlords may require tenants to obtain rental insurance and can make the failure to do so a breach of the lease agreement.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
How must a Landlord handle abandoned property left behind by a tenant?
Under Minnesota landlord-tenant law, if a tenant abandons rented premises, the landlord may take possession of the tenant’s personal property remaining on the premises, and shall store and care for the property. The landlord has a claim against the tenant for reasonable costs and expenses incurred in removing the tenant’s property and in storing and caring for the property.
The landlord may sell or otherwise dispose of the property 28 days after the landlord receives actual notice of the abandonment, or 28 days after it reasonably appears to the landlord that the tenant has abandoned the premises, whichever occurs last.
Prior to a sale, the landlord shall make reasonable efforts to notify the tenant at least 14 days prior to the sale, by personal service in writing or sending written notification of the sale by first class and certified mail to the tenant’s last known address or usual place of abode, if known by the landlord, and by posting notice of the sale in a conspicuous place on the premises at least two weeks prior to the sale. If notification by mail is used, the 14-day period shall be deemed to start on the day the notices are deposited in the United States mail.
Please Note: The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property?
Landlords may not enter the leased premises without prior notice and consent, except in cases of emergency.
In Minnesota, how much advance notice must a landlord provide a renter before they vacate?
if the renter pays the rent and follows all lease terms, at least two months’ written notice to quit is required, but no earlier than one month after the conclusion of the contract for the deed cancellation period.
Is Minnesota a landlord-friendly state?
Yes. Minnesota is a landlord-friendly state because it has a number of laws that protect landlords’ rights. For example, landlords can evict tenants for not paying rent, and they can also evict tenants for violating the terms of their lease.
Moreover, the minimum notice required for evictions and the absence of rent regulation is two examples of how Minnesota rental rights favor landlords.
How long in Minnesota does a landlord have to make repairs?
Under Minnesota landlord-tenant law, a landlord has 14 days to make repairs after being notified of the need for repairs. If the landlord does not make repairs within that time frame, the tenant may pursue legal action.
What do landlords legally have to do in Minnesota?
The landlord is obligated to do everything specified in the lease agreement. Typically, the landlord is also responsible for maintaining the structure and outside of the rental property, including the walls, roof, foundations, drains, guttering, exterior pipes, windows, and exterior doors.
How long does it take in Minnesota to evict a tenant?
It takes approximately two to three weeks to evict a tenant in Minnesota. The exact amount of time it will take will depend on the specific situation and the reason for the eviction. For example, if the tenant has not paid rent, the eviction process will likely move more quickly than if the tenant is only violating a lease agreement.
So, an eviction typically takes less than 30 days to complete from beginning to end, while some cases do.
Can renters be evicted in Minnesota?
Yes, renters can be evicted in Minnesota. The landlord is allowed to give a tenant a written notice to vacate the property, stating the reason for the eviction. The most common reasons for eviction are nonpayment of rent, damage to the property, or creating a nuisance. If the tenant does not vacate after receiving the notice, the landlord can file a lawsuit seeking an order of eviction from the court.
In Minnesota, is the hotel bill the landlord’s responsibility during repairs?
No, the landlord doesn’t have to pay for the hotel during repairs in Minnesota. The tenant is responsible for finding their own temporary accommodation; the landlord is not obligated to do so. A tenant has the option of staying put while repairs are performed if the property is only partially habitable. Only when there is minimal damage and no longer any safety issues should tenants think about doing this.
What are the grounds for eviction in Minnesota?
The most common grounds for eviction are failure to pay rent, violating the lease or rental agreement, creating a nuisance, and damage to the property. Other grounds for eviction may include using the property for an unlawful purpose, having too many occupants for the size of the unit, or conducting illegal activities on the property.
Landlords in Minnesota may terminate a tenancy for any reason except discrimination on the basis of race, color, creed, religion, national origin, sex, marital status, or familial status.
In Minnesota, are landlords required to provide 24 hours’ notice?
Landlords in Minnesota are not required to give 24 hours notice before entering a tenant’s property, but they are required to provide reasonable notice. “Reasonable notice” is typically considered to be anywhere from 12 to 24 hours, depending on the situation.
If a landlord does enter a tenant’s property without giving reasonable notice, the tenant may be able to sue for damages. It is recommended to speak with a lawyer if you have any concerns regarding your particular circumstance.
How does the tenant fight an eviction in Minnesota?
Renters can call the legal assistance office if they are on a tight budget. Visit www.LawHelpMN.org for more information about resources, legal aid offices, and other online assistance. Even though the tenant doesn’t need a lawyer, possessing one will help them fight the eviction. The law and their rights should be known to them.
In Minnesota, does a month-to-month lease require a 30-day notice?
Formal written notice must be given by either the tenant or the landlord at least one full rent period prior to the move-out date to terminate a month-to-month lease.
In Minnesota, how can I evict someone who doesn’t have a lease?
The landlord must provide a tenant who has no lease or a month-to-month lease a 30-Day Notice to Quit in order to terminate the tenancy. The renter has 30 days from the date of this eviction notice to leave.
In Minnesota, how much does it cost to evict a tenant?
It costs $185 to evict someone. Each court location also charges a law library fee, which can increase the base filing price by an additional $10 to $15. Additionally, you could have to pay service charges or a cost for obtaining the writ to evict the renter.
Who pays for carpet cleaning in Minnesota: the renter or the landlord?
The tenant is responsible for the cost of carpet cleaning unless there is evidence of negligence or damage on the part of the landlord. If the carpets are not damaged and are just stained, then it is typically the responsibility of the tenant to have them cleaned.
In Minnesota, what is typical wear and tear on a rental property?
Normal wear and tear on a rental in Minnesota is defined as the reasonable use of the property for its intended purpose. This would include a reasonable amount of dirt, dust, and normal use of the property. If damages occur that are not consistent with normal wear and tear, then the tenant may be held liable for the cost of repair.
What a landlord Cannot do in Minnesota?
In the state of Minnesota, landlords are not allowed to discriminate against potential tenants on the basis of race, color, creed, religion, national origin, sex, marital status, familial status (including children), or disability.
Landlords must also give tenants reasonable notice before entering their rented property for any reason other than an emergency. The landlord must provide a 24-hour advance notice for inspections or repairs and a 48-hour notice for showings. Tenants are allowed to refuse entry to the landlord if they do not provide proper notice.
What Cannot be the reason for eviction in Minnesota?
Landlords are only permitted to issue eviction notices when they have a legitimate legal basis for doing so. The basis for requesting the renter to vacate the property must be legitimate. The most common reasons for eviction in Minnesota are failure to pay rent, violating the lease or rental agreement, and creating a public nuisance.
Other reasons that may lead to eviction include unauthorized occupants, damage to the property beyond normal wear and tear, using the property for an unlawful purpose, and illegal drug activity.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord-tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.
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