Minnesota Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Minnesota Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Minnesota does not cap the security deposit amount, but landlords must return it within 21 days of the tenancy ending (5 days if the building is condemned). Landlords must give 24 hours advance notice before entering and may only enter between 8 a.m. and 8 p.m.
Security deposits in Minnesota
Minnesota imposes no statutory maximum on the amount a landlord may collect as a security deposit. In practice, most landlords charge one to two months of rent, but there is no law preventing a higher amount. Once the tenancy ends, the landlord has 21 days to return the deposit, along with an itemized written statement of any deductions. The 21-day clock starts on the date the tenant vacates and surrenders the keys. If the building is condemned and the tenancy ends involuntarily, the deadline shortens to five days.
Allowable deductions include unpaid rent, damage beyond normal wear and tear, and other costs specifically allowed by the lease. Cosmetic scuffs, minor carpet wear, and ordinary paint touch-ups do not qualify. If a landlord fails to return the deposit or the itemized statement within 21 days, the tenant may be entitled to a penalty of up to two months of rent plus court costs.
| Rule | Detail |
|---|---|
| Deposit cap | No statutory limit |
| Return deadline | 21 days (5 days if condemned) |
| Late-return penalty | Up to 2 months rent |
| Statute | Minn. Stat. 504B.178 |
Landlords who collect a deposit must keep it in a trust account. Minnesota does not require the landlord to pay interest on security deposits held in residential tenancies unless the lease specifically requires it.
When can a landlord enter? Notice rules
Under Minn. Stat. 504B.211, a landlord must give the tenant at least 24 hours advance notice before entering the rental unit. Entry is restricted to the hours of 8 a.m. to 8 p.m. Both requirements protect tenants from surprise entries during overnight hours or on short notice.
There is an emergency exception. If a pipe bursts, a fire breaks out, or there is another genuine emergency threatening life or property, the landlord may enter immediately without advance notice. The landlord should still document the reason for the emergency entry.
Permitted purposes for non-emergency entry include making repairs, showing the unit to prospective tenants or buyers, or inspecting for lease compliance. A landlord who enters without proper notice or outside permitted hours may be liable for damages. If a landlord repeatedly violates the entry rules, the tenant may have grounds to terminate the lease.
Ending a lease: notice to vacate
For a month-to-month tenancy, Minnesota requires notice at least equal to the rent-payment interval. For a monthly tenancy, that means one full month of advance notice. The notice must be given before the beginning of the last rental period, not simply 30 days from the date it is handed over. Landlords and tenants have the same notice requirement for month-to-month agreements.
Fixed-term leases do not require a separate notice to vacate. The lease expires on the date stated in the agreement. If neither party acts, a fixed-term lease may automatically convert to a month-to-month arrangement under some lease terms.
For nonpayment of rent or lease violations, the landlord must follow the eviction (unlawful detainer) process, which starts with a written notice. See the Minnesota eviction notice page for the specific notice periods required before filing in court.
Repairs and the warranty of habitability
Minnesota recognizes an implied warranty of habitability under Minn. Stat. 504B.161. The landlord is legally required to maintain the premises in a condition fit for residential use. This includes keeping the structure weathertight, maintaining heat to at least 68 degrees Fahrenheit during heating season, providing functioning plumbing and electrical systems, and ensuring the unit is free from conditions that are a material danger to the health or safety of tenants.
If a landlord fails to make a necessary repair after receiving written notice, Minnesota gives tenants two remedies beyond simply leaving.
First, repair-and-deduct: under Minn. Stat. 504B.385, a tenant may hire a contractor to fix a habitability problem and deduct the cost from rent, up to a maximum of $500. The tenant must give the landlord reasonable written notice and a chance to repair first.
Second, rent escrow: under Minn. Stat. 504B.395, a tenant may deposit rent with the court rather than the landlord. The court holds the funds until the landlord makes the required repairs. Rent escrow is appropriate for larger repair costs that exceed the repair-and-deduct limit.
Rent, late fees, and rent control
Minnesota enacted a statutory late-fee cap in 2023. Under the current law, a late fee may not exceed 8% of the overdue rent. A landlord who charges more than 8% is in violation of the statute and the tenant may recover the excess amount. There is no separate grace period mandated by state law, though many leases provide one.
Minnesota does not impose a statewide limit on how much rent a landlord can charge or by how much rent can be increased. However, the state is one of a small number that does NOT preempt local rent control outright. Local rent control ordinances are permitted, but only if approved by voters in a referendum.
St. Paul and Minneapolis both passed voter-approved rent stabilization measures that took effect in 2022. St. Paul's ordinance limits annual rent increases. Minneapolis' ordinance limits increases to 3% per year for most residential units. Landlords in those two cities should verify current rules with the city housing department, as both programs have specific exemptions, new-construction carve-outs, and administrative procedures. No other Minnesota cities currently have active rent stabilization.
If you have a landlord-tenant dispute in Minnesota
The most important thing a tenant can do in any dispute is create a paper trail. Send all repair requests, notices, and complaints in writing, preferably by email or certified mail. Photograph conditions before and after any repair. Keep copies of all correspondence and receipts.
For security deposit disputes, Minnesota small claims court (Conciliation Court) hears cases up to $15,000. Filing fees are modest. You do not need an attorney. Bring the lease, move-in and move-out photos, and documentation of any written requests you made.
The Minnesota Department of Commerce and the Attorney General's office both publish tenant-rights guides. Minnesota Legal Services Coalition operates legal aid offices statewide and can assist low-income tenants. Many counties also have tenant advocacy organizations.
If a dispute involves discrimination, the Minnesota Department of Human Rights handles fair-housing complaints. If it involves a code violation, contact the local housing inspector or city code enforcement office. A landlord who retaliates against a tenant for filing a complaint or exercising a legal right may be liable under Minn. Stat. 504B.285.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
More Minnesota Laws
- Minnesota AI Meeting Recording Laws
- Minnesota Alimony Laws
- Minnesota At-Will Employment Laws
- Minnesota Car Accident Laws
- Minnesota Car Seat Laws
- Minnesota Child Custody Laws
- Minnesota Child Support Laws
- Minnesota Common Law Marriage Laws
- Minnesota Data Privacy Laws
- Minnesota Divorce Laws
- Minnesota Dog Bite Laws
- Minnesota Emancipation Laws
- Minnesota Expungement Laws
- Minnesota Hit and Run Laws
- Minnesota Lemon Laws
- Minnesota Power of Attorney Laws
Sources
- Minn. Stat. ch. 504B (Residential Landlord and Tenant Act) (revisor.mn.gov)
- Minnesota Attorney General's Office: Renters' Rights (ag.state.mn.us)
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