Minnesota Month-to-Month Rental Agreement
Lease agreements and their terms differ from tenancy to tenancy. For example, fixed-term Minnesota lease agreements give landlords and tenants the security of a predetermined contract length, whereas month-to-month agreements provide greater flexibility.
Month-to-month lease agreements, often called “rental agreements,” automatically renew with each rent payment and terminate whenever a landlord or tenant follows state-mandated protocols. Since these agreements don’t have fixed end dates, month-to-month renters are considered “tenants-at-will.”
This guide will cover Minnesota month-to-month lease agreements, the landlord-tenant laws that apply to them, and key details such as required landlord disclosures, rent payment rules, property access guidelines, and more.
Minnesota Month-to-Month Lease Laws
For landlords in Minnesota, understanding Minnesota landlord-tenant laws is crucial, as relevant laws affect key aspects of rental properties, like:
- Disclosures
- Termination notices
- Rent increases
- Evictions
- Security deposit laws
- Pet deposits and rent limitations
- Late fees
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Required Landlord Disclosures (7)
- Lead-based paint: Federal law requires landlords renting units built before 1978 to disclose any known lead-based paint or lead-based paint hazards on the property.
- Landlord identification: Minnesota landlords must disclose to the tenant, in writing, the name and address of the person managing the property before the lease term begins (MN Stat. § 504B.181).
- Unlawful activities: All Minnesota leases must include state-approved language explaining the legal obligations of landlords and tenants to prevent unlawful activity on the property (MN Stat. § 504B.171).
- Financial distress: If a Minnesota landlord receives notice of foreclosure or deed cancellation on the rental unit, they must disclose so to tenants in writing before entering into a lease agreement (MN Stat. § 504B.151).
- Shared utilities: If multiple units share a utility meter, the landlord may charge tenants separately for utilities and must clearly outline the allocation to all tenants (MN Stat. § 504B.215(2)).
- Outstanding inspections: If a tenant’s unit or common areas have outstanding inspections, code violations, or citations, landlords must inform tenants at the time of lease signing (MN Stat. § 504B.195).
- Landlord-Tenant Rights Handbook: Landlords must notify renters that the Landlord and Tenants Rights and Responsibilities handbook is available online at the Minnesota State Legislature website (Minn. Stat. § 504B.181 2(b)).
Required Notice to Terminate Month-to-Month Agreement
Because Minnesota month-to-month rental agreements don’t have set end dates, landlords and tenants must follow state-specific guidelines when providing notice to terminate a contract.
Those guidelines generally stipulate that either party has a specific period of time to provide notice that they intend to terminate the rental agreement.
The notice must be at least the same length as the time between rent payments (usually a month) but no longer than three months (MN Stat. § 504B.135). In other words, landlords or tenants can terminate the agreement with about a month’s notice.
Rent Increase Laws
While Minnesota does not have statewide rent control laws, some cities and local jurisdictions have implemented their own guidelines. For example, Saint Paul has a rent stabilization ordinance limiting rent increases to 3% annually, with some exceptions.
As such, landlords should always reference their city or county’s local ordinances before raising rent.
Minnesota landlords must give month-to-month tenants at least one rental period plus 1 day of advance notice before raising rent (Landlord-Tenant Rights Handbook).
Rent Payment Laws
Grace period: Minnesota law does not require a grace period for landlords to accept late rent payments from tenants.
Late rent fees: Landlords can charge late fees of up to 8% of the overdue rent, and they must specify the specific amount in the lease agreement (MN Stat. § 504B.177).
Tenant’s right to withhold rent: A tenant may withhold rent if the landlord fails to address a building or health code violation within 14 days of a tenant’s written notice. The court must also confirm the violation before the tenant can repair and deduct the cost from the rent (MN Stat. § 504B.395-425).
Pet rent laws: Minnesota law doesn’t address pet rent, so landlords can charge pet rent or require a pet deposit as long as they comply with the state’s landlord-tenant laws.
Security Deposit Rules
Maximum security deposit amount: Minnesota doesn’t impose a legal limit on security deposit amounts. Minneapolis law, however, limits security deposits to 1 month’s rent (or half a month’s rent if the landlord collects the last month’s rent upfront).
Receipt of deposit: While not legally required, the best practice for Minnesota landlords is to provide tenants with a written receipt for their security deposit, specifying the deposit amount and where it will be held.
Interest: Landlords must pay tenants non-compounded interest on security deposits at a rate of 1% per year (MN Stat. § 504B.178(2)).
Deduction tracking: Minnesota landlords can deduct from the security deposit to cover unpaid rent or damages exceeding normal wear and tear and must issue tenants a written statement itemizing these deductions upon returning any remaining funds (MN Stat. § 504B.178(3)).
Returning a tenant’s security deposit: Landlords must return security deposits (with interest) within 21 days of the lease’s end date. If the tenant vacates a building because the state condemns it, landlords must return the deposit within 5 days. (MN Stat. § 504B.178(3)).
Property Access Regulations
Advance notice: Minnesota landlords must give a tenant at least 24 hours’ notice before entering the rental unit. This written notice should specify the time of entry, which must occur between 8:00 am and 8:00 pm unless the tenant agrees otherwise (MN Stat. § 504B.211(2)).
Immediate access: In emergencies, to prevent injury or property damage, or for law enforcement purposes, a landlord may enter the dwelling without providing prior notice (MN Stat. § 504B.211(4)).
Landlord harassment: Repeatedly violating a tenant’s right to privacy can be considered landlord harassment. Landlords who engage in harassment may face consequences, including legal proceedings, fines, or voided leases (MN Stat. § 504B.211).
Rental Agreement Violations
Missed rent payment: If a tenant fails to pay rent, Minnesota landlords can issue a 14-day Notice to Pay or Quit, giving the tenant 2 weeks to either pay the outstanding rent or vacate the premises altogether (MN Stat. § 504B.135).
Lease violation: Minnesota law doesn’t specify a timeframe for tenants to cure lease violations. Landlords must outline the process for handling lease violations (including any cure periods) within the lease agreement itself.
Self-help evictions: Self-help evictions are illegal in Minnesota. They occur when a landlord changes locks or shuts off utilities to force a tenant out. Landlords should always follow the eviction process outlined by state law.
Minnesota Month-to-Month Lease Agreement FAQs
What is a Minnesota month-to-month lease agreement?
A Minnesota month-to-month lease agreement is a legally binding contract without a fixed end date between a landlord and tenant. These agreements automatically renew monthly after a tenant pays rent or until either party provides proper notice to terminate the contract.
What’s the difference between a fixed-term lease and a month-to-month agreement?
Fixed-term lease agreements have predetermined end dates, providing more stability for both landlord and tenant.
Month-to-month lease agreements automatically renew each month until either party gives proper notice to terminate, providing greater flexibility but less predictability.
How do you end a Minnesota month-to-month lease agreement?
To end a month-to-month rental agreement, the landlord or tenant must give the other party advance written notice to terminate the contract. This notice must be at least as long as the period between rent payments (usually a month) but no longer than three months.