Minnesota Landlord-Tenant Law
The rules for renting in Minnesota — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Minnesota
- Security deposit limit
- No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178
- Deposit return deadline
- Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3
- Notice for unpaid rent
- Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a
- Ending a month-to-month lease
- Either party may end a tenancy at will with written notice at least as long as the interval between rent payments, or three months, whichever is less. For a monthly tenancy, that means at least one full rental period. The AG handbook and Judicial Branch describe this as one full rental period plus one day (e.g., notice by May 31 to leave at the end of June). Minn. Stat. § 504B.135
- Landlord entry notice
- Entry only for a reasonable business purpose, after a good-faith effort to give at least 24 hours' advance notice with a specific time or window. Entry is allowed only between 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree otherwise. No notice is needed if the landlord reasonably suspects that immediate entry is needed to prevent injury to people or property, to check on the tenant's safety, or to comply with local ordinances on unlawful activity. Minn. Stat. § 504B.211
- Rent control / increase limits
- No statewide rent cap. State law preempts local rent control unless the measure is approved by voters in a general election. Saint Paul has a rent stabilization ordinance (originally adopted 'Ord of 11-2-2021', the 2021 general election date, per the ordinance's history notes): a 3% cap on increases within any 12-month period, with exceptions. Minn. Stat. § 471.9996; Saint Paul Legislative Code ch. 193A
Last verified against official sources: 2026-10-23
Main law: Minnesota Statutes Chapter 504B (Landlord and Tenant) — Minn. Stat. ch. 504B
Security Deposits in Minnesota
| Security deposit limit | No statewide cap on the amount of a security deposit. The Minnesota AG handbook (rev. July 2025) states 'Minnesota law does not set a limit for the amount a landlord may require for a security deposit,' but notes some cities (e.g., Minneapolis, Code of Ord. § 244.2040) limit deposit amounts and allow installment payments. § 504B.178 (https://www.revisor.mn.gov/statutes/cite/504B.178) regulates deposits but sets no maximum. Per the AG, a landlord may raise the deposit in a periodic tenancy only with proper advance written notice (generally one rental period plus a day). Source: Minn. Stat. § 504B.178 |
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| Deposit return deadline | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Mailing by first-class mail within the deadline counts as compliance. If the landlord's interest in the property ends (sale/transfer), the landlord must transfer the deposit to the successor or return it within 60 days. The Minnesota Judicial Branch landlord FAQ describes the deadline as 21 days (https://mncourts.gov/help-topics/landlords/faqs). Official history shows subd. 2 amended 2024 c 85 and subd. 4 amended 2023 c 52 art 19; no 2026 amendment listed. Source: Minn. Stat. § 504B.178, subd. 3 |
| Itemized deductions | If any amount is withheld, the landlord must give a written statement showing the specific reason for the withholding. Deductions are limited to amounts reasonably necessary to cover rent or other payment defaults by the tenant, or to restore the unit to its move-in condition, ordinary wear and tear excepted. The landlord bears the burden of proving the reason for withholding by a fair preponderance of the evidence. Since 2023, landlords must tell tenants of the right to request a move-in inspection (at the start of the tenancy or within 14 days after move-in) and must offer a move-out inspection, at the tenant's request, no earlier than 5 days before the tenancy ends (§ 504B.182, new in 2023 c 52 art 19; https://www.revisor.mn.gov/statutes/cite/504B.182). Source: Minn. Stat. § 504B.178, subd. 3 |
| Interest on deposits | Yes. 1% per year simple, noncompounded interest, from the first day of the month after full payment of the deposit until the last day of the month the landlord complies with the return/statement requirement. Interest amounts under $1 are excluded. Confirmed by the AG handbook (rev. July 2025). Source: Minn. Stat. § 504B.178, subd. 2 |
| Penalty for withholding | If the landlord fails to provide the written statement on time (or fails to do the required inspections when requested), the landlord owes the amount withheld plus interest as a penalty, in addition to returning the wrongfully withheld amount with interest (effectively double). Bad-faith retention adds punitive damages of up to $500 per deposit. Bad faith is presumed if the landlord did not comply with subd. 3 or 5, unless the deposit is returned within two weeks after the tenant starts a court action. A tenant who withholds the last rent payment claiming the deposit covers it can owe a penalty too (subd. 8). Any waiver of § 504B.178 is void. |
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Eviction in Minnesota
| Notice for unpaid rent | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Added by 2023 c 52 art 19; the AG handbook says it took effect January 1, 2024. If a local government requires a longer notice period, the longer period controls. Filing without the required notice requires dismissal without prejudice and expungement. The Judicial Branch publishes a 'Written Notice of Possible Future Eviction Action' form (https://mncourts.gov/help-topics/landlords/faqs). Source: Minn. Stat. § 504B.321, subd. 1a |
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| Notice for lease violations | No statutory notice or cure period. If the tenant has breached lease terms not involving rent or another financial obligation, the landlord generally does not have to give notice before filing, unless the lease requires notice. § 504B.285, subd. 1(a)(2) allows eviction when a tenant holds over 'contrary to the conditions or covenants of the lease' (https://www.revisor.mn.gov/statutes/cite/504B.285). Per the AG handbook, a definite-term lease can be ended early for breach only if the breach is significant and the lease allows eviction for breach. Every lease includes a covenant that neither party will allow illegal drug activity, prostitution, unlawful firearms use or possession, or stolen property on the premises; a breach ends the tenant's right to possession, and these cases get priority for the writ (§ 504B.171, https://www.revisor.mn.gov/statutes/cite/504B.171; § 504B.345, subd. 1(b)). Source: Minn. Stat. § 504B.285, subd. 1 |
| Lockouts & utility shutoffs | Self-help eviction is illegal. A landlord who unlawfully and in bad faith locks out or excludes a residential tenant is liable for triple damages or $500, whichever is greater, plus reasonable attorney fees. A landlord may not interrupt electricity, heat, gas, or water. Penalty: triple damages or $500, whichever is greater, plus reasonable attorney fees. The tenant can file a verified petition in district court for an order restoring possession, which the sheriff enforces (§ 504B.375, https://www.revisor.mn.gov/statutes/cite/504B.375). For utility interruptions (§ 504B.221, https://www.revisor.mn.gov/statutes/cite/504B.221), only actual damages are recoverable if the tenant did not notify the landlord, or if the landlord restored service within a reasonable time, or if the interruption was for repairs or safety. Intentionally and unlawfully removing or excluding a tenant, or intentionally cutting off electricity, heat, gas or water to force the tenant out, is also a misdemeanor; an intentional utility cutoff is presumed to be meant to force the tenant out (§ 504B.225, https://www.revisor.mn.gov/statutes/cite/504B.225). Lease waivers of these protections are void. |
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Notice to Vacate in Minnesota
| Ending a month-to-month lease | Either party may end a tenancy at will with written notice at least as long as the interval between rent payments, or three months, whichever is less. For a monthly tenancy, that means at least one full rental period. The AG handbook and Judicial Branch describe this as one full rental period plus one day (e.g., notice by May 31 to leave at the end of June). The 'plus one day' explanation comes from the AG handbook (rev. July 2025), citing § 504B.135 and Oesterreicher v. Robertson (Minn. 1932) (https://www.ag.state.mn.us/brochures/publandlordtenants.pdf), and the Judicial Branch landlord FAQ. The lease can set a different notice period. § 504B.135 was amended by 2023 c 52 art 19. The official page did not show what that amendment changed. Source: Minn. Stat. § 504B.135 |
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Landlord Entry in Minnesota
| Landlord entry notice | Entry only for a reasonable business purpose, after a good-faith effort to give at least 24 hours' advance notice with a specific time or window. Entry is allowed only between 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree otherwise. No notice is needed if the landlord reasonably suspects that immediate entry is needed to prevent injury to people or property, to check on the tenant's safety, or to comply with local ordinances on unlawful activity. The 24-hour notice and 8 a.m.–8 p.m. limits came from the 2023 amendment (2023 c 52 art 19, subd. 2). A tenant may allow entry on shorter notice, but notice can't be waived as a lease condition. Remedies: rent reduction up to full rescission of the lease, recovery of the damage deposit (less lawful deductions), and up to a $500 civil penalty per violation plus reasonable attorney fees. Source: Minn. Stat. § 504B.211 |
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Repairs & Habitability in Minnesota
| Repair and deduct | No general statutory right for a tenant to make repairs and deduct the cost from rent on their own. A court can authorize the tenant to make repairs and deduct the cost from rent in a rent escrow or tenant remedies action. In a tenant remedies action, once the court finds the violations proved it may order the tenant to remedy them and deduct the cost from rent on terms the court finds just (§ 504B.425(c)); no dollar cap is set. Other relief includes ordering the landlord to make repairs, appointing an administrator, rent abatement, and up to $500 in attorney fees for a prevailing tenant (§ 504B.425(b), (d), (e), (g)). Separate utility rule: if a landlord who is responsible for utilities fails to pay and service is shut off or threatened, tenants may pay the utility and deduct the payment from rent after giving notice (48 hours in most cases); this comes from the AG handbook, which cites § 504B.216, subd. 13. Landlord covenants of fitness and reasonable repair (including 68°F minimum heat Oct. 1–Apr. 30) cannot be waived (§ 504B.161, https://www.revisor.mn.gov/statutes/cite/504B.161). |
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| Withholding rent | Rent escrow: after written notice of the violation, if the landlord has not fixed it within 14 days (or the time set in an inspector's order has run out), the tenant may deposit the full rent with the court administrator. A hearing is held 10–14 days later. The court can order repairs, abate rent, release escrowed funds to pay for repairs, and fine the landlord. Rent escrow rights cannot be waived. A tenant may also bring a district court 'tenant remedies action' (§ 504B.395, https://www.revisor.mn.gov/statutes/cite/504B.395: the landlord must get written notice of the violation at least 14 days before filing; if an inspection order is pending, the inspector's repair period generally must run first) or raise the landlord's breach of the habitability covenants as a defense in a nonpayment eviction. Straight self-help withholding is recognized in case law (Fritz v. Warthen, 1973), but the AG warns it is risky compared with escrow (AG handbook, https://www.ag.state.mn.us/brochures/publandlordtenants.pdf). § 504B.385 was amended 2024 c 118 (subd. 2) and 2025 c 32 (subd. 1). Source: Minn. Stat. § 504B.385 |
| Retaliation protection | It is a defense to eviction if the landlord's notice or action is, in whole or part, a penalty for the tenant's good-faith attempt to enforce lease or legal rights or a good-faith report of code violations to a government authority. Rent increases or service cuts as penalties are also barred. If the notice to quit was served within 90 days after the protected act, the landlord must prove it was not retaliatory. After 90 days, the burden is on the tenant. § 504B.441 (https://www.revisor.mn.gov/statutes/cite/504B.441) adds the same 90-day burden shift for complaints by a tenant or housing-related neighborhood organization. New in 2024, § 504B.212 (2024 c 118, https://www.revisor.mn.gov/statutes/cite/504B.212) protects tenant organizing and tenant associations. It also bars retaliation for reporting code violations, seeking help from community groups or media, requesting repairs, joining a tenant association, or testifying. Barred retaliation includes threats to contact law enforcement about immigration status. The 90-day presumption applies, with up to $1,000 per occurrence plus attorney fees for bad-faith violations. |
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Rent Increases & Late Fees in Minnesota
| Rent control / increase limits | No statewide rent cap. State law preempts local rent control unless the measure is approved by voters in a general election. Saint Paul has a rent stabilization ordinance (originally adopted 'Ord of 11-2-2021', the 2021 general election date, per the ordinance's history notes): a 3% cap on increases within any 12-month period, with exceptions. Saint Paul ch. 193A (June 13, 2025 version, https://www.stpaul.gov/sites/default/files/2025-06/Rent%20Stabilization%20Ordinance%20--%2006-13-25.pdf) has these exceptions. Increases above 3% need a reasonable-return (RROI) determination before taking effect. After a 'just cause' vacancy, the landlord may raise rent up to 8% plus CPI. The cap does not apply to properties first issued a certificate of occupancy after December 31, 2004 (May 2025 amendment), to deed- or agreement-restricted affordable housing, or to Housing Support Act reimbursements. Landlords must tell prospective tenants when a unit is exempt. The ordinance took effect January 1, 2023. In a periodic tenancy, a rent increase requires written notice of one rental period plus one day (AG handbook). |
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| Late fees | Allowed only if the landlord and tenant agreed in writing. The agreement must say when the fee will be charged. The fee may not exceed 8% of the overdue rent payment. There is no statutory grace period. A federal subsidy rule permitting a different late fee schedule controls if it conflicts. For tenancies with a government housing assistance payments contract, the fee is calculated only on the tenant's share of the rent. Most recently amended 2024 c 118. Source: Minn. Stat. § 504B.177 |
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Breaking a Lease in Minnesota
| Ending a lease: domestic violence | A tenant may end the lease without penalty if the tenant or an authorized occupant fears imminent violence after domestic abuse, criminal sexual conduct, sexual extortion or harassment. The tenant must give signed, dated advance written notice by mail, in person, or by the usual written method of communication with the landlord. The notice must state the fear of imminent violence, the need to terminate, the termination date, and instructions for disposing of any personal property. A qualifying document must be attached: an order for protection, a no-contact order, a court official's writing, or a qualified third party's statement. A sole tenant owes rent for the full month in which the tenancy ends, gives up the security deposit, and owes no further rent. With multiple tenants, the whole lease ends at the later of month-end or the end of the rent interval. The landlord must keep the information confidential ($2,000 statutory damages) and cannot require the perpetrator's name. Source: Minn. Stat. § 504B.206 |
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| Ending a lease: military, medical, death | Tenant death: after the death of the tenant (or of all tenants), the landlord or the personal representative may end the lease with at least two months' written notice. The notice must take effect on the last day of a calendar month and be hand-delivered or sent by first-class mail. The estate still owes rent through the notice period and damage repair. Infirmity: a tenant or authorized representative may end the lease with at least two months' written notice, effective at month-end, hand-delivered or sent first-class. This applies when a medical professional (physician, APRN or mental health professional) finds the tenant must move into a medical care facility and the tenant meets the statute's need criteria. The notice must include the medical documentation and proof of acceptance at, or a pending application to, the facility. It does not apply if the landlord can offer an accessible unit in the same complex within two months. Neither right can be waived. § 504B.265: https://www.revisor.mn.gov/statutes/cite/504B.265. No state military lease-break statute beyond the federal SCRA was checked. |
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Squatters & Abandoned Property in Minnesota
| Squatters / unauthorized occupants | No special squatter or affidavit statute. The owner files an eviction action. A person may be evicted if they 'unlawfully or forcibly occupied or taken possession of real property or unlawfully detains or retains possession' of it. Removal happens only after a court judgment and a writ of recovery of premises and order to vacate (§ 504B.345). No 2024-2026 squatter-specific law was found in ch. 504B. 2026 c. 81 changed only expedited-hearing grounds (assault on landlord or staff), effective Aug. 1, 2026. |
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| Belongings left behind | If a tenant abandons the unit, the landlord may take the remaining property and must store and care for it. The landlord has a claim for reasonable removal and storage costs. The landlord may sell or dispose of it 28 days after receiving actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned the unit, whichever is later. At least 14 days before a sale, the landlord must make reasonable efforts to notify the tenant: personal service in writing, or first-class and certified mail to the last known address, and in either case posting the notice of sale conspicuously on the premises at least two weeks ahead. Sale proceeds may cover costs and deposit-type claims; any surplus goes to the tenant on written demand. A landlord who does not return property within 24 hours of written demand (48 hours, excluding weekends and holidays, in some cases) faces punitive damages. Property left after an eviction executed by the sheriff is handled under § 504B.365 (not reviewed here). Source: Minn. Stat. § 504B.271 |
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Rental Fees in Minnesota
| Application / screening fees | No dollar cap. A landlord may not charge a screening fee when no unit is or will soon be available. The landlord must give a receipt on request, and may not cash the fee until all earlier applicants have been screened. Before accepting the fee, the landlord must disclose in writing the screening service used (name, address, phone) and the rental criteria. The landlord must notify a rejected applicant within 14 days, naming the criteria not met. The fee must be refunded if the applicant is rejected for a reason not disclosed, or if an earlier applicant takes the unit, and any unused part must be refunded. Applications may not be denied because of a pending eviction, an expunged or nonpublic file, or an eviction that did not end in a writ. Penalty: the fee plus up to $100, costs and attorney fees. No portable-screening-report statute was found. Source: Minn. Stat. § 504B.173 |
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| Other rental fees | All non-optional fees must be disclosed in the lease. Rent plus all non-optional fees must be shown as the 'Total Monthly Payment' on the first page of the lease. Advertisements must include non-optional fees in the advertised total and say whether utilities are included. Penalty: treble damages plus attorney fees. Starting Aug. 1, 2026: a landlord that uses a digital payment platform must offer a free alternative when the platform is down, may not take adverse action such as eviction or late fees when both methods fail, and a violation is an affirmative defense to a nonpayment eviction. Final submetered or apportioned utility bills may not include extra fees beyond the authorized administrative and late charges. 2026 session law: https://www.revisor.mn.gov/laws/2026/0/81/. The general price-transparency law in ch. 325D was not reviewed. |
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Section 8, Records & Right to Counsel in Minnesota
| Section 8 / source of income | Yes. It is an unfair discriminatory practice to refuse to rent to, or discriminate in terms against, a person because of 'status with regard to public assistance.' That status includes being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements, such as Housing Choice vouchers. Voucher coverage follows from the statutory definition. Coverage of lawful income outside public assistance was not reviewed. Exemptions in § 363A.21 were not reviewed. |
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| Eviction record sealing | Yes (expungement). The court must expunge an eviction case without a motion if: the tenant won; the case was dismissed for any reason; the parties agreed; three years have passed since the eviction was ordered; or it is a qualifying foreclosure or contract-for-deed case. On the tenant's motion, the court must expunge if the case settled and the tenant met the settlement terms, or if the case was filed in violation of § 504B.285, subd. 1(b). The court may also expunge in its discretion when that is clearly in the interests of justice. A nonpayment complaint filed without the 14-day notice is dismissed and expunged. Under § 504B.173, subd. 3a, landlords may not deny applications based on expunged or nonpublic files. |
| Right to a lawyer in eviction | Limited. Only tenants in HUD Section 9 public housing who face an eviction for breach of lease and cannot afford a lawyer have a right to court-appointed counsel. The first page of the complaint must include, in bold 12-point type: 'If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney.' The court must offer appointed counsel at the first hearing. There is no general statewide right to counsel in nonpayment or other evictions. Some cities (such as Minneapolis) have local right-to-counsel programs, which were not reviewed here. |
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Mold, Pests, Heat & AC in Minnesota
| Mold | No statute — no mold-specific disclosure or remediation law. Mold is covered by the general statutory covenants that the unit and common areas are fit for their intended use, kept in reasonable repair, and kept in compliance with state and local health and safety laws. A condition with a serious negative impact on health or safety can support an emergency tenant remedies action, and tenants can also use rent escrow or a tenant remedies action. Text read from the official full-chapter page (https://www.revisor.mn.gov/statutes/cite/504B/full). The landlord's covenants cannot be waived (subd. 1(b)). Local rental-licensing codes may address mold specifically. |
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| Pests & bed bugs | The landlord's statutory duty to keep the premises in reasonable repair expressly includes extermination of insects, rodents, vermin or other pests, including bed bugs. The exception is when the problem was caused by the willful, malicious or irresponsible conduct of the tenant or someone under the tenant's control. A serious infestation is an emergency that can support an expedited emergency tenant remedies action. No bed-bug-specific disclosure statute. The covenants can't be waived; tenant-maintenance agreements can't shift these duties (§ 504B.161, subds. 1(b), 2). § 504B.161 was amended in 2024 (Laws 2024, c. 118). |
| Heat | Yes, statewide. The landlord must provide heat of at least 68°F in all places intended for habitation, including kitchens and bathrooms, from October 1 through April 30. The only exception is when a utility company requires and instructs the heat to be reduced. Loss of heat that the landlord is responsible for is an emergency that can support an emergency tenant remedies action. This covenant cannot be waived or modified by the lease. § 504B.161 was amended in 2024 (Laws 2024, c. 118). Tenants leaving a building with freezable pipes between Nov. 15 and Apr. 15 must give 3 days' notice (§ 504B.155). |
| Air conditioning | No statute requires landlords to provide air conditioning or sets a maximum indoor temperature. But if AC is included in the lease, a nonfunctioning air conditioner is a listed emergency that the tenant can use to seek an emergency tenant remedies order. Text read from the official full-chapter page (https://www.revisor.mn.gov/statutes/cite/504B/full). The petitioner must generally try to notify the landlord at least 24 hours before going to court (subd. 4). |
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Privacy, Guests & Animals in Minnesota
| Cameras & privacy | No landlord-specific statute. It is a gross misdemeanor to enter another's property and secretly install or use a device to observe, photograph or record through the window or other opening of someone's home, with intent to intrude on a household member's privacy. It is also a gross misdemeanor to secretly use such a device in places like hotel sleeping rooms and other places where people reasonably expect privacy while exposed. Recording conversations is legal if the recorder is a party or one party consents (one-party consent). § 626A.02: https://www.revisor.mn.gov/statutes/cite/626A.02. Landlord entry requires a reasonable business purpose and good-faith advance notice (§ 504B.211). |
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| Guests & occupants | No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. By statute, a landlord generally cannot evict or end a lease because of a tenant's, household member's or guest's conduct OFF the premises and curtilage, unless it is a crime of violence against another tenant, a guest, the landlord or staff, or results in a conviction for such a crime. Text read from the official full-chapter page. Occupancy limits come from local housing and rental-licensing codes. |
| Service & support animals (state law) | A landlord may require documentation from a licensed professional (doctor, PA, nurse, psychologist, mental health professional, social worker or counselor, including out-of-state licensees with an existing treatment relationship) confirming the disability and the need for a service or support animal. This is not allowed when the need is obvious or already known. Online certification businesses don't qualify. Landlords can't demand medical records. No extra fee, charge or deposit may be charged for a service or support animal, though the tenant is liable for damage. A landlord with a pet fee policy must disclose this ban in the lease. Tenants may not knowingly misrepresent a disability or provide fraudulent documentation; if they do, the landlord may deny the application or animal request. Text read from the official full-chapter page. Enacted 2021 and amended in 2024 (Laws 2024, c. 118). Tenants can recover pet fees if the landlord failed to include the disclosure and the tenant would likely have received an accommodation (subd. 3(c)). Source: Minn. Stat. § 504B.113 |
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How eviction works in Minnesota
Eviction cases are heard in: Minnesota District Court in the county where the property is located (Housing Court in Hennepin and Ramsey Counties, where referees hear cases).
- Notice: for nonpayment of rent, a 14-day written pre-filing notice (§ 504B.321, subd. 1a); for holdover after a periodic tenancy ends, a proper written notice to quit; for non-financial lease breach, generally no notice unless the lease requires one
- File a complaint in district court, attaching the lease, any notices, and an itemized accounting in nonpayment cases (§ 504B.321)
- Serve the summons and complaint at least 7 days before the hearing by someone other than the landlord. Mail-and-post service is allowed only after at least 2 personal service attempts on different days, one between 6 and 10 p.m. Electronic notice of the hearing is also required if the parties normally communicate electronically (§ 504B.332)
- Initial hearing 7 to 14 days after the summons is issued (5 to 7 days for expedited cases involving illegal activity, serious endangerment, or, from Aug. 1, 2026, assault on the landlord or staff); if the case doesn't settle, trial is scheduled and either party may request a jury
- Judgment: if the landlord wins, the court immediately issues a writ of recovery of premises and order to vacate. The court must stay the writ for a reasonable period of up to 7 days, except in illegal-activity cases (§ 504B.171), cases where the tenant seriously endangers others' safety or intentionally and seriously damages property, or after a default judgment (§ 504B.345, subd. 1(d))
- In nonpayment cases, the tenant may 'pay and stay' any time before the landlord gets possession by paying rent owed, interest, court costs, and attorney fees (capped at $5) (§ 504B.291)
- A law enforcement officer serves the writ; the tenant has 24 hours to leave, after which the officer may remove the tenant. The landlord must inventory and store left-behind property for 28 days (§ 504B.365)
Appearance is set not less than 7 nor more than 14 days after the summons is issued; service must be completed at least 7 days before the appearance. Expedited cases: 5 to 7 days after issuance, with service within 24 hours.
Source: Minn. Stat. §§ 504B.321, 504B.332, 504B.345, 504B.291, 504B.365
What surprises people about Minnesota rental law
- Landlords must deliver a detailed 14-day written notice, including legal-aid and rental-assistance information, before filing any residential eviction for nonpayment. Filing without it means dismissal and expungement (Minn. Stat. § 504B.321, subd. 1a; https://www.revisor.mn.gov/statutes/cite/504B.321)
- Eviction case files are not public until the court enters a final judgment (Minn. Stat. § 504B.321, subd. 6; https://www.revisor.mn.gov/statutes/cite/504B.321)
- Expungement of an eviction record is mandatory if the tenant won, the case was dismissed, or 3 years have passed since the eviction was ordered, among other grounds; otherwise discretionary in the interests of justice (Minn. Stat. § 484.014, per AG handbook; https://www.ag.state.mn.us/brochures/publandlordtenants.pdf)
- Security deposits earn 1% simple annual interest, payable to the tenant at move-out (Minn. Stat. § 504B.178, subd. 2; https://www.revisor.mn.gov/statutes/cite/504B.178)
- Leases must show a 'Total Monthly Payment' (rent plus all nonoptional fees) on the first page. Ads must include nonoptional fees and say whether utilities are included. Violation: treble damages plus possible attorney fees (Minn. Stat. § 504B.120, new 2023; https://www.revisor.mn.gov/statutes/cite/504B.120)
- Landlords who provide heat must keep habitable areas, including kitchens and bathrooms, at a minimum of 68°F from October 1 through April 30 (Minn. Stat. § 504B.161, subd. 1; https://www.revisor.mn.gov/statutes/cite/504B.161)
- Tenants have statutory protection to organize tenant associations, leaflet, and meet in the building, with up to $1,000 per bad-faith violation (Minn. Stat. § 504B.212, new 2024; https://www.revisor.mn.gov/statutes/cite/504B.212)
- Effective Aug. 1, 2026: landlords that use digital rent-payment platforms must offer a free alternative when the platform is down, and can't evict or charge late fees when both fail. A violation is a defense to a nonpayment eviction. Landlords may not name a tenant's minor children as eviction defendants ($300 minimum damages) (2026 Minn. Laws ch. 81; https://www.revisor.mn.gov/laws/2026/0/81/)
- A 'pay and stay' redemption right lets a tenant keep the home after losing a nonpayment eviction by paying rent owed, interest, costs, and up to $5 in attorney fees before the landlord gets possession (Minn. Stat. § 504B.291; https://www.revisor.mn.gov/statutes/cite/504B.291)
- If a lease lets the landlord recover attorney fees, the tenant gets the same right (Minn. Stat. § 504B.172, per AG handbook; https://www.ag.state.mn.us/brochures/publandlordtenants.pdf)
- Buildings with 12 or more units must use written leases (Minn. Stat. § 504B.111, per AG handbook; https://www.ag.state.mn.us/brochures/publandlordtenants.pdf)
- The expedited-writ rule for evictions required by § 609.5317 after drug activity (§ 504B.345, subd. 2) was repealed as obsolete by Laws 2026, ch. 88, art. 1, § 226 (signed May 12, 2026; effective August 1, 2026 under § 645.02). The general stay rule in subd. 1(d) still applies (https://www.revisor.mn.gov/laws/2026/0/Session+Law/Chapter/88/).
Federal law that also applies in Minnesota
These federal rules apply on top of Minnesota law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Minnesota
These cities add their own tenant protections on top of state law:
Eviction by county in Minnesota
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Hennepin County (Minneapolis)
- Eviction in Ramsey County (St. Paul)
- Eviction in Dakota County (Hastings, Apple Valley, West St. Paul)
For landlords
How to evict a tenant in Minnesota — steps, cost, timeline and forms.
Common Minnesota questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Minnesota compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Minnesota | No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178 | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3 | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) |
| North Dakota | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2) | Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3) | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 |
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) |
| Wisconsin | No statutory cap on the amount of a security deposit. Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28 | 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2) | Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a) |
Minnesota landlord-tenant FAQ
How much can a landlord charge for a security deposit in Minnesota?
How long does a landlord have to return a security deposit in Minnesota?
Does a landlord have to pay interest on a security deposit in Minnesota?
Does a landlord in Minnesota have to give an itemized list of deposit deductions?
What happens if a landlord in Minnesota wrongfully keeps a security deposit?
How much notice does a landlord have to give before evicting for unpaid rent in Minnesota?
How much notice is required to evict for a lease violation in Minnesota?
How much notice is needed to end a month-to-month lease in Minnesota?
Can a landlord enter without notice in Minnesota?
Is there a limit on late fees in Minnesota?
Can a tenant repair and deduct from rent in Minnesota?
Can a tenant withhold rent for repairs in Minnesota?
Can a landlord retaliate against a tenant for complaining in Minnesota?
Is there rent control or a limit on rent increases in Minnesota?
Can a landlord change the locks or shut off utilities in Minnesota?
What is the small claims court limit in Minnesota for a deposit dispute?
How do you remove a squatter in Minnesota?
What can a landlord do with a tenant's abandoned property in Minnesota?
Is there a limit on rental application fees in Minnesota?
What rental fees are banned or limited in Minnesota?
Can a domestic violence survivor break a lease in Minnesota?
When can a tenant break a lease without penalty in Minnesota?
Can an eviction record be sealed or removed in Minnesota?
Can a landlord refuse Section 8 vouchers in Minnesota?
Do tenants have a right to a free lawyer in eviction cases in Minnesota?
What does a Minnesota notice to pay rent or quit have to include?
What does a Minnesota notice to end a month-to-month tenancy have to include?
What must a Minnesota security deposit itemization include?
How long does a landlord have to sue for unpaid rent in Minnesota?
Can a landlord accept rent during an eviction in Minnesota?
Can you be evicted in the winter in Minnesota?
Can a landlord give notice by text or email in Minnesota?
How much notice is required for a rent increase in Minnesota?
Does a landlord have to give a copy of the lease in Minnesota?
What are tenants' rights in a foreclosure in Minnesota?
Does a landlord have to fix mold in Minnesota?
Who pays for pest control and bed bugs in Minnesota?
Does a landlord have to provide heat in Minnesota?
Does a landlord have to provide air conditioning in Minnesota?
What can a landlord deduct from a deposit for cleaning or damage in Minnesota?
Can a landlord put cameras in or around a rental in Minnesota?
Can a landlord limit guests or roommates in Minnesota?
Can a landlord deny a service or emotional support animal in Minnesota?
Official resources for Minnesota
- Minnesota Attorney General - Landlords and Tenants: Rights and Responsibilities (rev. July 2025)
- Minnesota Judicial Branch - Landlord Resources FAQ
- Minn. Stat. ch. 504B - Landlord and Tenant
- Saint Paul Rent Stabilization Ordinance (ch. 193A, June 2025)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.