Minnesota Residential Lease Agreement

Required Landlord Disclosures (13)

Residential lease agreements are only one part of the equation when a new tenant moves in. Federal and state regulations require landlords to share important information about rental laws and details about the specific unit with their tenant, which includes:

1. Lead-based paint: Federal law requires landlords of most units built before 1978 to disclose any known lead-based paint or lead-based paint hazards on the property (42 U.S.C. § 4852d).
2. Written lease requirement for larger buildings: Minnesota landlords who rent a residential building with 12 or more units must use a written lease for each. The lease must identify the specific unit the tenant will occupy before the tenant signs the agreement (Minn. Stat. § 504B.111).
3. Tenant lease copy: Minnesota landlords must give a copy of the written lease to each tenant who occupies the unit and has signed the agreement. Landlords may include a signed and dated lease-copy acknowledgment in the lease itself (Minn. Stat. § 504B.115).
4. Landlord identification: Minnesota landlords must disclose, in writing, the name and address of the person authorized to manage the property, as well as the landlord or authorized agent who can receive notices and demands, before the tenancy begins (Minn. Stat. § 504B.181).
5. Unlawful activities: Every Minnesota residential lease includes legal obligations for landlords and tenants not to allow certain unlawful activities on the property (Minn. Stat. § 504B.171).
6. Financial distress: If a Minnesota landlord receives Notice of Foreclosure or a contract for deed cancellation on the rental unit, they must disclose that information to potential tenants before entering into a rental agreement or accepting rent or a security deposit (Minn. Stat. § 504B.151).
7. Shared utilities: Minnesota landlords of shared-metered residential buildings must act as the bill payer and customer of record. If the landlord apportions natural gas or water and sewer charges, leases entered into or renewed on or after January 1, 2025, must include the required utility-bill attachment explaining the billing formula, tenant rights, administrative billing charge cap, and utility late payment charge cap (Minn. Stat. § 504B.216).
8. Outstanding inspections: Before a person signs a lease or pays rent or a security deposit to begin a tenancy, Minnesota landlords must provide copies of outstanding inspection orders with citations that the housing inspector identifies as threatening tenant health or safety, along with all outstanding condemnation orders and declarations that the premises remain unfit for human habitation (Minn. Stat. § 504B.195).
9. Landlord-tenant rights handbook: Minnesota landlords must notify tenants that they can provide the Landlords and Tenants: Rights and Responsibilities handbook upon their request (Minn. Stat. § 504B.181).
10. Total Monthly Payment: Minnesota landlords must disclose all nonoptional fees in the lease agreement. The first page of the lease must list the total rent and all nonoptional fees as the “Total Monthly Payment,” and the lease must state whether utilities are included in the rent (Minn. Stat. § 504B.120).
11. Lease dates and prorated rent: Minnesota written leases must identify the lease start and end dates on the first page. If the lease requires the tenant to move in or out on a date other than the first or last day of the month and prorates rent, the first page must also state the prorated rent amount for the relevant month (Minn. Stat. § 504B.146).
12. Service and support animal fees: If a Minnesota lease includes pet fees, pet charges, or pet deposits, the lease must disclose that landlords cannot charge additional fees, charges, or deposits for service or support animals approved as a reasonable accommodation. Tenants remain liable for damage caused by a service or support animal (Minn. Stat. § 504B.113).
13. Initial inspection notice: At the start of the tenancy or within 14 days after the tenant occupies the unit, Minnesota landlords must notify tenants of their option to request an initial inspection to identify existing deficiencies and help prevent later security deposit disputes (Minn. Stat. § 504B.182).

Security Deposit Regulations

Maximum security deposit amount: No statewide limit on security deposits is required for Minnesota lease agreements.

Receipt of deposit: Minnesota landlords are not required to provide tenants with a receipt for their security deposit.

Interest: Landlords must pay tenants interest on security deposits at a noncompounded rate of 1% annually (Minn. Stat. § 504B.178).

Condemned or unfit property: A landlord, agent, or person acting at the landlord’s behest cannot accept rent or a security deposit after a rental property has been condemned, declared unfit for human habitation, ordered vacated for code or licensing violations, or ordered vacated due to a government action (Minn. Stat. § 504B.204).

Deduction tracking: Minnesota landlords can withhold funds from the security deposit to cover unpaid rent, other money due under the rental agreement, or damage beyond normal wear and tear. When returning the remainder of the security deposit, landlords must provide a written statement that outlines the deductions (Minn. Stat. § 504B.178).

Returning a tenant’s security deposit: Landlords must return the tenant’s security deposit and accrued interest within 21 days after the tenancy ends, as long as the tenant provides a forwarding address or delivery instructions. If the tenant must leave because the property is condemned, the landlord must return the deposit within 5 days after the tenant vacates and provides a forwarding address or delivery instructions (Minn. Stat. § 504B.178).

Landlord’s Access to Property

Advance notice: Minnesota landlords may enter a tenant’s unit only for a reasonable business purpose after making a good-faith effort to give at least 24 hours’ notice. The notice must include the anticipated entry window, and entry must occur between 8:00 a.m. and 8:00 p.m. (unless the landlord and tenant agree to a different time) (Minn. Stat. § 504B.211).

Immediate access: Landlords may enter their rental properties immediately in emergencies. The landlord must reasonably determine that immediate entry is necessary to prevent injury to people or property, or for maintenance, building security, or law enforcement needs (Minn. Stat. § 504B.211).

Landlord harassment: Repeated or serious violations of Minnesota’s landlord entry law can give tenants a reason to take legal action. A tenant may recover penalties, including rent reduction, full rescission of the lease, return of the security deposit minus lawful deductions, up to $500 per violation, and reasonable attorney fees (Minn. Stat. § 504B.211).

Rent Payment Laws

Grace period: Minnesota does not have a state-mandated grace period for rent payments.

Late rent fees: Landlords in Minnesota may charge up to 8% of the overdue rent, but only if the written rental agreement permits the fee and specifies when the landlord will charge it (Minn. Stat. § 504B.177).

Tenant’s right to withhold rent: Tenants cannot simply withhold rent for repairs. If a landlord fails to fix a qualifying violation within 14 days after receiving written notice, the tenant may deposit rent with the court through a rent escrow action. The court may then order repairs, rent abatement, or allow the tenant to make repairs and deduct the cost from rent (Minn. Stat. § 504B.385, § 504B.425).

Breach of Rental Agreement

Missed rent payment: Once a tenant misses a rent payment, Minnesota landlords must provide a written 14-day notice before filing an eviction action for nonpayment of rent. Some local governments may require a longer notice period (Minn. Stat. § 504B.321).

Lease violation: Minnesota law does not specify a cure period for all lease violations. Landlords should review the lease terms and the type of violation before proceeding with eviction. Certain illegal activity can void the tenant’s right to possession and allow the landlord to file an eviction action immediately (Minn. Stat. § 504B.171).

Self-help evictions: Landlords should never attempt a self-help eviction in Minnesota, which means removing a tenant without a court order. Landlords should always follow the legal eviction process and obtain a court order before attempting to remove a tenant, regardless of the type of violation.

Lease abandonment: Tenants who end their lease early without proper cause may remain liable for rent payments throughout the remainder of their lease. That said, Minnesota landlords must make reasonable efforts to re-rent the unit at a fair rental value. If the landlord re-rents the unit before the lease ends, the previous lease terminates, the new tenancy begins, and the ex-tenant will not owe future rent (Minn. Stat. § 504B.154).

Ending a Lease

Month-to-month: Either party can terminate a month-to-month lease with written notice at least 1 full rent period before the desired termination date, or 3 months’ notice, whichever is less (Minn. Stat. § 504B.135).

Fixed-term: Tenants may end a fixed-term lease early without penalty if they qualify under state or federal law. Qualifying conditions may include active military duty, domestic abuse or certain other safety concerns, tenant death, or the landlord’s substantial violation of the lease or entry laws (Minn. Stat. § 504B.206, § 504B.265, § 504B.211).

Property abandonment: If a tenant abandons personal property, the landlord must store and care for it for at least 28 days. The landlord must make reasonable efforts to notify the tenant at least 14 days before selling the property. If the tenant demands return in writing, the landlord must allow pickup within 24 hours, or 48 hours if the property was moved off-site, excluding weekends and holidays. Landlords may recover reasonable removal, storage, and care costs (Minn. Stat. § 504B.271).

Renewing a Lease

Required renewals: Minnesota landlords are not required to renew a lease once the term ends unless the contract says otherwise.

Required notice: Landlords must provide at least 1 full rent period’s notice before ending a month-to-month lease, or 3 months’ notice, whichever is less. Landlords usually do not need to provide specific notice when choosing not to renew a fixed-term lease unless the lease agreement requires it (Minn. Stat. § 504B.135).

Automatic renewal clauses: Minnesota landlords who want to enforce an automatic renewal clause in a lease with an original term of 2 months or longer must give written notice directing the tenant to the renewal clause. The landlord must serve the notice personally or by Certified Mail at least 15 days, but not more than 30 days, before the tenant must give notice of intent to move (Minn. Stat. § 504B.145).

Early renewal limits: Minnesota landlords cannot require tenants to renew a lease more than 6 months before the current lease expires if the lease term exceeds 10 months. Lease language that waives this rule violates public policy and remains void (Minn. Stat. § 504B.144).