Minnesota Standard Residential Lease Agreement

1. Introduction

A Minnesota standard residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This agreement defines each party's rights and responsibilities, including rent amount, payment due dates, security deposit terms, lease duration, and property rules. A typical residential lease in Minnesota covers a fixed term, commonly one year, though month-to-month arrangements are also permitted under state law. ^[18]

Minnesota's landlord-tenant relationship is primarily governed by Minnesota Statutes Chapter 504B, which establishes comprehensive protections for both landlords and tenants. This guide covers all required disclosures, security deposit rules, rent payment regulations, landlord obligations, tenant rights, and eviction procedures under current Minnesota law.

Required Disclosures

Minnesota law mandates several disclosures that landlords must provide to tenants before or at the commencement of a residential tenancy. Failure to provide these disclosures may result in penalties, limit the landlord's ability to collect rent, or void certain lease provisions.

Landlord/manager Information

The landlord must disclose in writing, prior to commencement of the tenancy, the name and address of: (1) the person authorized to manage the premises, and (2) the landlord or an agent authorized to accept service of process and receive notices and demands. This information must also be posted in a conspicuous place on the premises. ^[3]

Notice of Tenant's Rights

Landlords must post a notice in a conspicuous place on the property stating that a copy of the Attorney General's "Landlords and Tenants: Rights and Responsibilities" statement is available upon request. ^{[3] [12]}

Covenant Not to Allow Unlawful Activities

Every residential lease in Minnesota contains an implied covenant (whether written or not) that both the landlord and tenant agree not to allow the following on the premises or in common areas:

• Controlled substances in violation of Chapter 152
• Prostitution or prostitution-related activity
• Unlawful use or possession of firearms
• Stolen property or property obtained by robbery

This covenant cannot be waived. A breach voids the tenant's right to possession. ^[4]

Financial Distress Disclosure

If a landlord has received notice of a contract for deed cancellation, mortgage foreclosure sale, or related summons and complaint, they must notify prospective tenants before entering into a lease. In such cases, the lease cannot exceed two months or the remaining redemption period, whichever is less. The landlord must provide this notice in writing before accepting any rent or security deposit. Violation results in a $500 civil penalty. ^[5]

Outstanding Inspection Orders

If a housing inspector has issued a citation for code violations that threaten health or safety, the landlord must provide a copy to: (1) current tenants within 72 hours of citation issuance; (2) prospective tenants before signing a lease; and (3) new owners before property transfer. For violations not affecting health or safety, the landlord must post a summary and make the full order available upon request. ^[6]

Lead-Based Paint Disclosure (Federal)

For properties built before 1978, federal law requires landlords to: (1) disclose any known lead-based paint or hazards; (2) provide the EPA pamphlet "Protect Your Family From Lead in Your Home"; and (3) include specific disclosure language in the lease. Tenants have 10 days to conduct a lead-based paint inspection if desired. ^{[11] [13]}

Disclosure of Fees (total Monthly Payment)

A landlord must disclose all nonoptional fees in the lease agreement. The sum total of rent and all nonoptional fees must be described as the "Total Monthly Payment" and listed on the first page of the lease. Any unit advertisement must also disclose nonoptional fees and whether utilities are included. Violation subjects the landlord to treble damages and attorney fees. ^[9]

Option for Move-In and Move-Out Inspection

At the commencement of tenancy (or within 14 days of move-in), landlords must notify tenants of their option to request an initial inspection to identify existing deficiencies and avoid future security deposit deductions. Landlords must also offer a move-out inspection before the end of the lease. Photos or videos may be used in lieu of physical inspection if both parties agree. ^[7]

Service and Support Animal Protections

Landlords cannot charge additional fees, charges, or deposits for service or support animals. If the landlord has a pet policy that includes fees, they must disclose in the lease that such fees do not apply to service or support animals. Tenants remain liable for any damage caused by the animal. Landlords may request documentation from a licensed professional confirming the disability and need for the animal. ^[8]

Security Deposit Rules

Maximum Amount

Minnesota does not impose a statutory limit on security deposit amounts. Landlords may collect any amount they deem appropriate, though excessive deposits may deter potential tenants. ^[2]

Return Period

Landlords must return the security deposit (with 1% simple annual interest) within three weeks after termination of the tenancy. If any portion is withheld, the landlord must provide a written statement specifying the reasons for withholding. Deposits may only be withheld to: (1) remedy tenant defaults in rent or other amounts due, or (2) restore the premises to their condition at commencement, ordinary wear and tear excepted. ^[2]

Penalties for Violations

A landlord who fails to provide a written statement within three weeks, or fails to complete required inspections, is liable for damages equal to the portion withheld plus interest as a penalty. Bad faith retention subjects the landlord to punitive damages up to $500 per deposit. ^[2]

Rent Payment Rules

Grace Period

Minnesota law does not require a grace period for rent payments. Rent is due on the date specified in the lease agreement. However, landlords may include a grace period at their discretion.

Late Fees

Late fees may only be charged if the tenant and landlord have agreed in writing that a late fee may be imposed. The agreement must specify when the late fee will be assessed. In no case may the late fee exceed 8% of the overdue rent payment. Late fees are not considered interest or liquidated damages. For subsidized housing, late fees are calculated only on the tenant's portion of rent. ^[1]

Landlord Obligations

Implied Warranty of Habitability

In every residential lease, Minnesota law implies a covenant that the landlord will:

• Ensure premises and common areas are fit for intended use
• Keep premises in reasonable repair during the lease term
• Make premises reasonably energy efficient
• Maintain compliance with applicable health and safety laws
• Provide heat at minimum 68 degrees F from October 1 through April 30
• These covenants CANNOT be waived by the parties. ^[14]

Tenant Rights

Right to Privacy / Landlord Entry

A landlord may enter the premises only for a reasonable business purpose and must provide at least 24 hours advance notice. Entry is limited to between 8:00 a.m. and 8:00 p.m. unless the tenant agrees otherwise. This right cannot be waived as a condition of the lease. If the landlord enters when the tenant is not present without prior notice, they must leave written disclosure of the entry. Violations subject the landlord to up to $500 civil penalty per violation plus possible rent reduction and attorney fees. ^[10]

Right to Seek Police and Emergency Assistance

A landlord cannot penalize a tenant, impose fines, or terminate a lease based on the tenant calling police or emergency services. ^[17]

Retaliation Protection

If a landlord attempts to terminate a tenancy or increase rent within 90 days of a tenant's good faith attempt to enforce rights or report code violations, the landlord bears the burden of proving the action was not retaliatory. ^[15]

Lease Termination

Fixed-Term Leases

Fixed-term leases (such as one-year leases) terminate automatically at the end of the stated term unless renewed. Neither party is required to give notice to end the tenancy when the lease expires, though courtesy notice is recommended.

Month-To-Month Tenancies

Eviction Procedures

A landlord may recover possession through eviction action when:

• Tenant holds over after lease expiration
• Tenant violates lease conditions or covenants
• Tenant fails to pay rent when due
• Tenant at will holds over after proper notice to quit

A landlord cannot evict a tenant solely for being a victim of domestic violence or other crimes listed in statute. Self-help evictions (such as changing locks or removing belongings) are prohibited. ^[15]