The Fair Housing Act was created in order to ensure that everyone is treated equally during the housing process. It protects tenants from discrimination when seraching for a rental property. At the federal level the Fair Housing Act protects the following classes…
- National Origin
- Familial Status
Learn about fair housing at the federal level here https://resources.hemlane.com/landlord-must-know-fair-housing/
In addition to federal fair housing laws, The Minnesota Humans Right Act makes housing a protected area and it is illegal to be treated differently because of...
- Marital status
- Public assistance
- Sexual orientation
- Familial status
- Collection of security deposits: The collection of security deposits in Minnesota isn’t required, but most landlords require them to prove a tenant’s financial stability and guarantee a payment for damaged property.
- Security deposit limit: There is no limit on what a landlord may charge for a deposit.
- Seperate accounts for security deposit: There are not statutes regarding separate accounts, but the tenant is owed 1% interest annually from the first month’s payment to the last. (Minn. Stat. Ann. §§ 504B.178)
- Returning the security deposit: Must be returned within 21 days of the tenant moving out, or within 5 days of the date the tenant vacates the building or dwelling due to the legal condemnation of the property. (Minn. Stat. Ann. §§ 504B.178)
- Withholding the deposit: An itemized list of repair charges or damages must be provided if funds are withheld. (Minn. Stat. Ann. §§ 504B.178)
- Wrongfully withholding the deposit from a tenant: If the landlord intentionally and/or wrongfully withholds a deposit, he/she may be subject to a $500 fee. (Minn. Stat. Ann. §§ 504B.178 (Subd 7))
Rent and Late Fees
- Rent is due: There are no statutes regarding when rent is due (at the beginning of the month or the end) or grace periods.
- Paying rent: Landlords may accept rent in any form.
- Late fees: If late fees are included in the lease, it must not exceed 8% of the of the overdue rent payment. (Minn. Stat. Ann. §§ 504B.177)
- Conditions under which written lease is required: If a property has 12 or more resident units, a written lease agreement is required for each tenant. (Minn. Stat. Ann. §§ 504B.111)
- Withholding rent: The tenant is allowed to withhold rent if the property is uninhabitable, but the funds must be placed in an escrow account and follow certain rules listed here
Notices and Entry
- Increasing rent: If there is an increase in rent, a notice must be provided one rental period plus one day prior to the change. (handbook)
- Terminating a lease early: If a landlord wishes to terminate a lease early, the time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less. (Minn. Stat. Ann. §§ 504B.135)
- Entry for non-emergency: A landlord must provide “reasonable notice” (24 hours is suggested) regarding entry for non-emergency repairs and prospective tenant showings (Minn. Stat. Ann. §§ 504B.211 (Subd 2))
- Emergency Entry: Emergency entry is allowed without notice when it is necessary to prevent injury to persons or property. (Minn. Stat. Ann. §§ 504B.211 (Subd 4))
- Lead Disclosures: A landlord is required to disclose any known presence of lead paint on the property. If there is a presence of lead paint in the unit or common area, the lease must include a federally-approved attachment on lead poisoning prevention.
- Disclosing authorized personnel to tenant: A landlord must also disclose the name and address of the property owner and anyone authorized to manage the property. (Minn. Stat. Ann. §§ 504B.181)
- Smoking in common areas: Doing so in apartment buildings is prohibited by Minnesota’s Clean Indoor Air Act. (handbook)
- Disclosing inspection orders to tenants: A copy of all outstanding inspection orders for which a citation has been issued and a copy of all outstanding condemnation orders and declarations that the property is unfit for human habitation, must be given to a tenant prior to he/she signing a lease or paying a security deposit and/or rent.
- When it is failure to pay rent, the tenant has 14 days to pay you otherwise the eviction notice can be filed with the courts.
- When there is another lease violation (e.g. subletting), there is no statute regarding time given to resolve the violation from the point that the eviction notice is served. Otherwise the eviction notice will be filed with the courts.
Early Termination of Lease
If the landlord wishes to terminate the lease early, the notice must be at least as long as the rent period or three months, whichever is less, e.g., month to month, one month; week to week, one week.
If the tenant wishes to terminate the lease early, the notice must be at least as long as the rent period or three months, whichever is less, e.g., month to month, one month; week to week, one week.
Read more about evictions in Minnesota here.
For more information on Minnesota Landlord Tenant laws please visit their website here.