Are there rent control/rent stabilization policies or laws in Minnesota?
The state of Minnesota has not established rent control or stabilization practices.
What special rules are there regarding rental applications?
According to 504B.173 of the Minnesota Landlord Tenant Laws, the following are important points to know with regards to rental applications. Additionally, the landlord should be very familiar with the Fair Housing Laws as well as the Fair Credit Reporting Act.
- There is a limit to the number of applicant screening fees. A landlord or the landlord's agent may not charge an applicant a screening fee when the landlord knows or should have known that no rental unit is available at that time.
- If the landlord or the landlord's agent does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord or the landlord's agent shall return any amount of the screening fee that is not used for those purposes. The screening fee may be returned by mail, may be destroyed upon the applicant's request if paid by check, or may be made available for the applicant to retrieve.
- A landlord or the landlord's agent, prior to taking an application fee from a prospective tenant, must disclose on the application form or orally the name, address, and telephone number of the tenant screening service the owner will use, unless the owner does not use a tenant screening service.
- In addition to any other remedies, a landlord who violates this section is liable to the applicant for the application fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.
What is the maximum amount I can collect as a security deposit?
There is no limit to the security deposit charged to the tenant so long as it is reasonable.
My tenant has moved out, what do I do with their security deposit? Once the tenant vacates the landlord must return the balance of the security deposit plus one percent interest (currently). This must be done within 21 days after the day the tenancy ends and the tenant has provided a forwarding address. Interest begins on the first day of the month after receiving full payment of the security deposit. Interest is paid to the last day of the month in which the landlord returns the deposit. If there are any deductions made, a complete accounting must be mailed to the tenant’s forwarding address with any balance thereof.
May I charge a late rent or returned payment fee?
Landlords may assess late fees when the rent is past due. However, the fee must approximate the actual damages suffered and must compensate; they cannot penalize. Returned payment fees should remain reasonable and related to the landlord's actual expenses incurred. A landlord should not charge a fee so high that it calls into question the fairness of the fee, if challenged in court.
How can I end a Minnesota lease agreement? If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the landlord or tenant must provide written notice of at least one full rental period before the tenancy's last day. The same is true for periodic leases such as month to month or week to week.
Are there circumstances where I am required to release a tenant from a lease agreement?
The “personal representative” of a renter’s estate may terminate a lease upon the death of the renter after two full months’ written notice. A tenant may vacate a unit if it becomes uninhabitable or unfit for occupancy. In certain circumstances, a renter called to duty in the armed forces can give 30 days notice. The military service member/tenant should contact his/her Judge Advocate General Office for information.
My tenant has not paid rent; how much notice do I have to give a tenant in order to evict them? In general, if a tenant does not pay rent on the day it is due, the landlord may immediately bring an Eviction Action unless the lease provides otherwise.
Can I require my tenants to obtain renter's insurance? Landlords may require tenants to obtain rental insurance, and can make the failure to do so a breach of the lease agreement.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
How must a Landlord handle abandoned property left behind by a tenant?
If the tenant’s personal property is stored on the premises, the tenant may contact the landlord in writing to demand that the property be returned. The landlord does not have a lien on the property. If the tenant’s property is stored away from the premises (at a bonded warehouse or other suitable storage place) the landlord has a lien (legal claim) on the tenant’s personal property for the reasonable costs of removing, transporting, and storing the property plus court costs of the Eviction Action. The landlord can keep the property in such a circumstance until those expenses are paid.
Please Note: Whether the tenant’s property is stored on or away from the premises, to get the property back the tenant does not have to pay any unpaid rent, late charges, etc. The landlord can sue the tenant in court for these costs.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property? Landlords may not enter the leased premises without prior notice and consent, except in cases of emergency.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.