Minnesota
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 |
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 , 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 . 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 , 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 , 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 .
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.
Related
More Minnesota Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in Minnesota?
21 days after the tenancy ends and you return the keys. The deadline is 5 days if the building was condemned. The landlord must include an itemized written statement of any deductions.
What is the maximum security deposit in Minnesota?
There is no statutory cap. Minnesota law does not limit how much a landlord may require as a security deposit, though landlords must keep the deposit in a trust account.
How much notice must a landlord give to enter in Minnesota?
At least 24 hours advance notice, and entry is limited to 8 a.m. to 8 p.m. Emergency entry without notice is allowed if there is an immediate threat to life or property.
How much notice is needed to end a month-to-month lease in Minnesota?
At least one rental period (one month for a monthly tenancy). Either the landlord or tenant must give notice before the start of the final rental period.
Can I withhold rent for repairs in Minnesota?
You have two options: repair-and-deduct (hire someone and deduct up to $500 from rent) or rent escrow (pay rent into court until repairs are made). Both require written notice to the landlord first.
Can a landlord raise rent in Minnesota?
Outside of St. Paul and Minneapolis, there is no legal limit on rent increases in Minnesota. In those two cities, voter-approved rent stabilization ordinances limit annual increases. Statewide, a landlord must give proper notice before increasing rent on a month-to-month tenancy.
How much can a landlord charge in late fees in Minnesota?
No more than 8% of the overdue rent. This cap was enacted in 2023. A landlord who charges more than 8% violates state law.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 504B: LANDLORD AND TENANT
§ 504B.161COVENANTS OF LANDLORD OR LICENSORIn force
Subdivision 1. Requirements. (a) In every lease or license of residential premises, the landlord or licensor covenants: (1) that the premises and all common areas are fit for the use intended by the parties; (2) to keep the premises and all common areas in reasonable repair during the term of the lease or license, including services and conditions listed in section 504B.381, subdivision 1, and extermination of insects, rodents, vermin, or other pests on the premises, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee; (3) to make the premises and all common areas reasonably energy efficient by installing weatherstripping, caulking, storm windows, and storm doors when any such measure will result in energy procurement cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing that measure, including interest, amortized over the ten-year period following the incurring of the cost; (4) to maintain the premises and all common areas in compliance with the applicable health and…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 12 court opinionsMost recently applied by a court: 2025
Leading cases:
- Stephanie Rush, (A16-0249) v. The Westwood Village Partnership, (A16-0249), and Jerry Plummer, (A16-0250) v. Riverside Apartments of St. Cloud Limited Partnership, (A16-0250). A16-249 (Court of Appeals of Minnesota 2016, 887 N.W.2d 701)“…to keep the premises in reasonable repair.” Minn. Stat. § 504B.161, Subd. 1(2)(emphasis added).…”
- Wise v. Stonebridge Cmtys., LLC (Court of Appeals of Minnesota 2019, 927 N.W.2d 772)“…for allegedly violating its unwaivable statutory duty under Minn. Stat § 504B.161, subd. 1(a), to repair and maintain the…”
- Ellis v. Doe (Supreme Court of Minnesota 2019, 924 N.W.2d 258)“…of breach of the statutory covenants of habitability. See Minn. Stat. § 504B.161, subds. 1, 4 (2018). The parties appe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 504B.178INTEREST ON SECURITY DEPOSITS; WITHHOLDING SECURITY DEPOSITS; DAMAGES; LIMIT ON WITHHOLDING LAST MONTH'S RENTIn forcecited in 2 of our articles
Subdivision 1. Applicability. Any deposit of money, the function of which is to secure the performance of a residential rental agreement or any part of such an agreement, other than a deposit which is exclusively an advance payment of rent, shall be governed by the provisions of this section. Subd. 2. Interest. Any deposit of money shall not be considered received in a fiduciary capacity within the meaning of section 82.55, subdivision 26, but shall be held by the landlord for the tenant who is party to the agreement and shall bear simple noncompounded interest at the rate of one percent per annum, computed from the first day of the next month following the full payment of the deposit to the last day of the month in which the landlord, in good faith, complies with the requirements of subdivision 3 or to the date upon which judgment is entered in any civil action involving the landlord's liability for the deposit, whichever date is earlier. Any interest amount less than $1 shall be excluded from the provisions of this section. Subd. 3. Return of security deposit.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 4 court opinionsMost recently applied by a court: 2024
Leading cases:
- Andrew Kaeding v. Karl Auleciems, Susanne Auleciems (Court of Appeals of Minnesota 2016, 886 N.W.2d 658)“…SYLLABUS I. An attempt to waive Minn. Stat. § 504B.178 (2014) by agreeing to forfeit a securit…”
- Tenisha Williams v. Halimatou Diallo (Court of Appeals of Minnesota 2024)“…ng the specific reason for the withholding of the deposit.” Minn. Stat. § 504B.178, subd. 3(a). A landlord may withhold a…”
- Andrew Ellis v. Danielle Thompson, Abdul R. Johnson (Court of Appeals of Minnesota 2015)“…ld still be entitled to one month’s rent and late fees. See Minn. Stat. § 504B.178,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Landlord-Tenant Recording Laws: Cameras, Privacy, and Rights
§ 504B.211RESIDENTIAL TENANT'S RIGHT TO PRIVACYIn forcecited in 3 of our articles
Subdivision 1. Definitions. For purposes of this section, "landlord" has the meaning defined in section 504B.001, subdivision 7, and also includes the landlord's agent or other person acting under the landlord's direction and control. Subd. 2. Entry by landlord. Except as provided in subdivision 4, a landlord may enter the premises rented by a residential tenant only for a reasonable business purpose and after making a good faith effort to give the residential tenant reasonable notice under the circumstances of not less than 24 hours in advance of the intent to enter. A residential tenant may permit a landlord to enter the rented premises with less than 24 hours notice if desired. The notice must specify a time or anticipated window of time of entry and the landlord may only enter between the hours of 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree to an earlier or later time. A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant's right to prior notice of entry under this section as a condition of entering into or maintaining the lease. Subd. 3. Reasonable purpose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 7 court opinionsMost recently applied by a court: 2024
Leading cases:
- State v. Dotson (Court of Appeals of Minnesota 2017, 900 N.W.2d 445)“…rested him without probable cause. Because we conclude that Minn. Stat. § 504B.211 does not give a landlord or property ma…”
- State of Minnesota v. Daniel Joseph Devens (Supreme Court of Minnesota 2014, 852 N.W.2d 255)“…made a good faith effort to notify Devens of the entry. See Minn. Stat. § 504B.211, subd. 2 (2012). By contrast, Devens di…”
- Negassi H. Ghebrehiwet v. Khaled Ghneim (Court of Appeals of Minnesota 2016)“…at Ghebrehiwet violated the Ghneims’ right to privacy under Minn. Stat. § 504B.211, subd. 2 (2014) and that the Ghneims we…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Ring Doorbell Laws: What You Need to Know in 2026
§ 504B.285EVICTION ACTIONS; GROUNDS; RETALIATION DEFENSE; COMBINED ALLEGATIONSIn forcecited in 3 of our articles
Subdivision 1. Grounds. (a) The person entitled to the premises may recover possession by eviction when: (1) any person holds over real property: (i) after a sale of the property on an execution or judgment; (ii) after the expiration of the time for redemption on foreclosure of a mortgage, or after termination of contract to convey the property; or (iii) after the expiration of the time for redemption on a real estate tax judgment sale; (2) any person holds over real property after termination of the time for which it is demised or leased to that person or to the persons under whom that person holds possession, contrary to the conditions or covenants of the lease or agreement under which that person holds, or after any rent becomes due according to the terms of such lease or agreement; or (3) any tenant at will holds over after the termination of the tenancy by notice to quit. (b) A landlord may not commence an eviction action against a tenant or authorized occupant solely on the basis that the tenant or authorized occupant has been the victim of any of the acts listed in section 504B.206, subdivision 1, paragraph (a).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 35 court opinionsMost recently applied by a court: 2026
Leading cases:
- Cent. Hous. Assocs., LP v. Olson (Supreme Court of Minnesota 2019, 929 N.W.2d 398)“…ently based on the existence of a retaliation defense under Minn. Stat. § 504B.285, subd. 2 (2018), and Minn. Stat. § 504B…”
- Rolling Meadows Cooperative, Inc. v. Macatee (Court of Appeals of Minnesota 2017, 904 N.W.2d 920)“…r membership agreement, MacAtee was a holdover tenant under Minn. Stat. § 504B.285, subd. 1(a)(3) (2016). Under Minnesot…”
- Federal Home Loan Mortgage Corp. v. Nedashkoyskiy (Court of Appeals of Minnesota 2011, 801 N.W.2d 190)“…on of the time for redemption on foreclosure of a mortgage. Minn.Stat. § 504B.285, subd. l(l)(ii) (2010). “ ‘Evict’ or ‘e…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Squatters Rights and Adverse Possession Laws (2026), Minnesota Eviction Law Changes Take Effect August 1, 2026 Under HF 3809
§ 504B.385RENT ESCROW ACTION TO REMEDY VIOLATIONSIn force
Subdivision 1. Escrow of rent. (a) If a violation exists in a residential building, a residential tenant may deposit the amount of rent due to the landlord with the court administrator using the procedures described in paragraphs (b) to (d). (b) For a violation as defined in section 504B.001, subdivision 14, clause (1), the residential tenant may deposit with the court administrator the rent due to the landlord along with a copy of the written notice of the code violation as provided in section 504B.185, subdivision 2. The residential tenant may not deposit the rent or file the written notice of the code violation until the time granted to make repairs has expired without satisfactory repairs being made, unless the residential tenant alleges that the time granted is excessive. (c) For a violation as defined in section 504B.001, subdivision 14, clause (2), (3), (4), or (5), the residential tenant must give written notice to the landlord specifying the violation. The notice must be delivered personally or sent to the person or place where rent is normally paid.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 8 court opinionsMost recently applied by a court: 2025
Leading cases:
- Cent. Hous. Assocs., LP v. Olson (Supreme Court of Minnesota 2019, 929 N.W.2d 398)“…ld conflict with the statute governing rent-escrow actions, Minn. Stat. § 504B.385 (2018). That statute provides that "Sec…”
- Ellis v. Doe (Supreme Court of Minnesota 2019, 924 N.W.2d 258)“…habitability, as required by the rent-escrow statute. See Minn. Stat. § 504B.385, subd. 1(c). The district court found t…”
- Stephanie Rush, (A16-0249) v. The Westwood Village Partnership, (A16-0249), and Jerry Plummer, (A16-0250) v. Riverside Apartments of St. Cloud Limited Partnership, (A16-0250). A16-249 (Court of Appeals of Minnesota 2016, 887 N.W.2d 701)“…ion to remedy violations of the covenants of habitability. Minn. Stat. § 504B.385, subd. 1 (2014); see Minn. Stat. § 504…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 504B.395PROCEDUREIn force
Subdivision 1. Who may bring action. An action may be brought in district court by: (1) a residential tenant of a residential building in which a violation, as defined in section 504B.001, subdivision 14, is alleged to exist; (2) any housing-related neighborhood organization with the written permission of a residential tenant of a residential building in which a violation, as defined in section 504B.001, subdivision 14, clause (1) or (2), is alleged to exist; (3) a housing-related neighborhood organization that has within its geographical area an unoccupied residential building in which a violation, as defined in section 504B.001, subdivision 14, clause (1) or (2), is alleged to exist; or (4) a state, county, or local department or authority, charged with the enforcement of codes relating to health, housing, or building maintenance. Subd. 2. Venue. The venue of the action authorized by this section is the county where the residential building alleged to contain violations is located. Subd. 3. When action may be brought.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 5 court opinionsMost recently applied by a court: 2019
Leading cases:
- Mary Cocchiarella v. Donald Driggs (Supreme Court of Minnesota 2016, 884 N.W.2d 621)“…der to bring a tenant’s remedies action in district, court, Minn.Stat. § 504B.395, subd. 1(1). Our interpretation extends…”
- Cent. Hous. Assocs., LP v. Olson (Supreme Court of Minnesota 2019, 929 N.W.2d 398)“…early refers to the formal commencement of a lawsuit. See Minn. Stat. § 504B.395, subd. 5 (2018) ("The action must be st…”
- Negassi H. Ghebrehiwet v. Khaled Ghneim (Court of Appeals of Minnesota 2016)“…nts set forth in section 504B.161, subdivision 1(1)- (2).1 Minn. Stat. §§ 504B.395, subd. 1(1), .001, subd. 14(2); see gen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Minnesota Statutes, Chapter 504B: LANDLORD AND TENANT § 504B.0001
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Minn. Stat. ch. 504B (Residential Landlord and Tenant Act)(revisor.mn.gov).gov
- Minnesota Attorney General's Office: Renters' Rights(ag.state.mn.us).gov