Minnesota Landlord-Tenant Law 2026: The Rules That Actually Matter
- Is there a maximum security deposit in Minnesota? No. Minnesota sets no state cap on the deposit amount (§ 504B.178). What the statute regulates instead is everything around the amount: 1% simple interest, a 21-day return-or-statement clock, only two permitted…
- How long does a Minnesota landlord have to return a security deposit? Three weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions — return the deposit with interest, or furnish a written statement showing the specific reasons for…
- What can a Minnesota landlord deduct from a security deposit? Only amounts reasonably necessary to remedy defaults in rent or other funds due under the agreement, or to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted (§…
Minnesota's landlord-tenant law lives almost entirely in one chapter — Minn. Stat. ch. 504B — and the 2023–2024 reform sessions rewrote several of its most-quoted rules. Guides that still describe entry as "reasonable notice, 24 hours by practice," late fees as merely "reasonable," or the deposit penalty as a flat "2x the deposit" are stating law that no longer exists or never did. This guide covers the rules that actually catch Minnesota landlords off guard, verified against the current official text on revisor.mn.gov.
Six corrections to what older guides (including the previous version of this page) say. First, entry notice is now a hard statutory rule, not a practice standard: since the 2023 amendment, a landlord may enter only for a reasonable business purpose, after a good-faith effort to give not less than 24 hours' notice specifying a time or window, and only between 8:00 a.m. and 8:00 p.m. unless the tenant agrees otherwise — and the right to notice cannot be waived in the lease (Minn. Stat. § 504B.211, subd. 2). Second, late fees are capped: a late fee requires a written agreement specifying when it will be imposed and may never exceed 8% of the overdue rent payment (§ 504B.177). Third, the deposit penalty is measured on the portion withheld, not the whole deposit: a landlord who misses the statement or return duties owes damages equal to the portion withheld, as a penalty, in addition to the portion wrongfully withheld and interest — plus punitive damages of up to $500 for bad-faith retention (§ 504B.178, subds. 4, 7). Fourth, the "14-day notice" is a pre-filing notice with prescribed contents, not a notice to vacate: before filing a nonpayment eviction, the landlord must deliver a written notice containing the total due, an itemized accounting, who is authorized to receive payment, and three statutory help statements, and must wait 14 days — filing without it requires dismissal without prejudice and expungement (§ 504B.321, subds. 1, 1a). Fifth, inspections are now a deposit duty: the landlord must offer an initial inspection and a move-out inspection when the tenant requests one, and failing to do so is itself one of the deposit violations that triggers penalty damages (§§ 504B.182, 504B.178, subd. 4). Sixth, St. Paul's rent stabilization no longer looks like the 2021 ballot measure: the 3% cap remains, but vacancy decontrol and exemptions were added in 2023, and in May 2025 the city permanently exempted new construction — the ordinance as amended, checked with the city's Department of Safety and Inspections, is what governs a St. Paul building.
Disclaimer: this is general information, not legal advice. Minnesota landlord-tenant law is statute-dense and Minneapolis and St. Paul add local regimes on top of it; consult a Minnesota landlord-tenant attorney for your situation.
Minnesota's 21-day deposit return clock, 14-day nonpayment notices, and strong retaliation protections — plus St. Paul's rent-control overlay — mean one miscalculated deadline hands the tenant leverage. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.
At a glance
| Rule | Minnesota requirement | Citation |
|---|---|---|
| Deposit cap | No state cap on the amount | § 504B.178 |
| Deposit interest | Simple, noncompounded, 1% per year, from the first day of the month after full payment; amounts under $1 excluded | § 504B.178, subd. 2 |
| Deposit return | Return or a written statement of specific reasons within 3 weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; 5 days if the tenant leaves because of legal condemnation not caused by the tenant | § 504B.178, subd. 3 |
| Permitted withholding | Only amounts reasonably necessary for unpaid rent or other funds due under the agreement, or to restore the premises to their condition at commencement, ordinary wear and tear excepted; burden of proof is on the landlord | § 504B.178, subd. 3 |
| Deposit penalty | Damages equal to the portion withheld, as a penalty, in addition to the portion wrongfully withheld and interest; bad-faith retention adds punitive damages up to $500 per deposit | § 504B.178, subds. 4, 7 |
| Inspections | Landlord must notify the tenant of the option to request an initial inspection (at commencement or within 14 days of occupancy) and a move-out inspection (no earlier than 5 days before the end); photo/video acknowledgment may substitute if the tenant agrees | § 504B.182 |
| Prelease deposits | Only under a conspicuous written agreement stating when it will be returned; return within 7 days of the stated circumstance; if a lease is signed it must be applied to the deposit or rent; violation pays the deposit plus half as a penalty | § 504B.175 |
| Screening fees | No fee when no unit is available; written disclosure of the screening service and the criteria before accepting the fee; rejection notice within 14 days identifying the criteria failed; unused portions returned | § 504B.173 |
| Screening bars | No denial based on a pending eviction action, a nonpublic or expunged court file, or an eviction action that did not result in a writ of recovery and order to vacate | § 504B.173, subd. 3a |
| Late fees | Written agreement specifying when the fee is imposed; never more than 8% of the overdue rent payment | § 504B.177 |
| Habitability | Premises and common areas fit for the intended use, kept in reasonable repair, energy-efficiency measures, and compliance with health and safety laws; heat at a minimum of 68 degrees from October 1 through April 30; covenants cannot be waived | § 504B.161 |
| Rent escrow | After written notice and the repair window (14 days for most violations), the tenant may deposit rent with the court administrator; the court may abate rent, release escrow for repairs, and impose fines | § 504B.385 |
| Entry | Reasonable business purpose only; good-faith effort at not less than 24 hours' notice specifying a time or window; entry only 8:00 a.m.–8:00 p.m. unless agreed; no-notice entry only on the three emergency grounds; penalty up to $500 per violation plus rent reduction up to rescission | § 504B.211 |
| Termination — tenancy at will | Written notice at least as long as the interval between rent due dates, or 3 months, whichever is less | § 504B.135 |
| Rent increase / notice to quit parity | If the lease gives the landlord a shorter period for a notice to quit or a rent increase than it gives the tenant to give notice of intention to quit, the landlord's period may not be shorter than the tenant's | § 504B.147 |
| Nonpayment — pre-filing notice | Written notice with the total due, an itemized accounting, the name and address of the person authorized to receive payment, and the three statutory help statements; delivered personally or by first-class mail; 14 days to cure or vacate (longer if a local rule requires it) before filing | § 504B.321, subd. 1a |
| Nonpayment — redemption | The tenant may redeem and be restored to possession at any time before possession is delivered by paying the rent in arrears, with interest, costs, and an attorney fee capped at $5, and performing the other covenants; a written guarantee from a government or 501(c)(3) rental-assistance administrator can redeem | § 504B.291 |
| Eviction hearing | Appearance 7–14 days from issuance of the summons (5–7 days and service within 24 hours on the expedited track); the case file is not public until final judgment; a defective filing or service requires dismissal and expungement | § 504B.321, subds. 1, 2, 5, 6 |
| Writ stay | If the court finds for the landlord, a writ of recovery issues immediately, but except for § 504B.171 and serious-endangerment cases (and default judgments) execution is stayed for a reasonable period not to exceed 7 days | § 504B.345, subd. 1 |
| Self-help / lockout | Unlawful exclusion or removal — including terminating utilities or removing doors, windows, or locks — supports an immediate court order restoring possession; only a sheriff executes a writ | § 504B.375 |
| Retaliation | No eviction, increase in obligations, or decrease in services intended as a penalty for a complaint of a violation; if the action occurs within 90 days after the complaint, the landlord bears the burden of proving otherwise (unless the complaint was not in good faith) | § 504B.441 |
| Landlord disclosure | Before the tenancy begins, disclose in writing the person authorized to manage the premises and the landlord or agent authorized to accept service and notices, and post the notice conspicuously; an action to recover rent or possession generally cannot be maintained without the disclosure | § 504B.181 |
| Victims of violence | A tenant who fears imminent violence after domestic abuse, criminal sexual conduct, sexual extortion, or harassment may terminate without penalty on signed written notice with a qualifying document; a sole tenant owes rent for the full month of termination and relinquishes deposit claims; disclosing the tenant's status or information carries $2,000 statutory damages | § 504B.206 |
| Rent control | No statewide rent control. St. Paul has a local rent stabilization ordinance (3% annual cap as amended, with exemptions — see below); Minneapolis has enacted no stabilization ordinance | Local ordinance |
How much can a Minnesota landlord charge as a security deposit, and what interest is owed?
Minnesota's deposit statute, § 504B.178, is covered in full on the sister page, Minnesota security deposit law. The short version every Minnesota landlord needs:
- No cap — and that is the only simple part. The state sets no maximum deposit amount. Everything that functions to secure performance of the rental agreement (other than a pure advance payment of rent) is governed by § 504B.178, whatever the lease calls it, and any attempted waiver of the section is void (subd. 10).
- Interest is mandatory. The deposit bears simple, noncompounded interest at 1% per year, computed from the first day of the next month following full payment of the deposit to the last day of the month in which the landlord complies with the return duties, or the date judgment is entered, whichever is earlier. An interest amount under $1 is excluded (subd. 2).
- The 21-day clock needs two events. Within three weeks after termination of the tenancy and after receipt of the tenant's mailing address or delivery instructions, return the deposit with interest or furnish a written statement showing the specific reason for withholding all or part of it. Mailing the deposit or statement as first-class mail, postage prepaid, correctly addressed within the window is sufficient compliance. If the tenant leaves because the building is legally condemned for reasons not due to the tenant's willful, malicious, or irresponsible conduct, the window is five days (subd. 3).
- Only two withholding categories exist. You may withhold only amounts reasonably necessary (1) to remedy defaults in payment of rent or other funds due under the agreement, or (2) to restore the premises to their condition at commencement, ordinary wear and tear excepted. In any action over the deposit, the burden of proving the reason for withholding, by a fair preponderance of the evidence, is on the landlord (subd. 3).
- The penalty is on the portion withheld. Failing to provide the statement on time, to transfer or return the deposit when the landlord's interest ends, or to give the inspection notices and complete requested inspections under § 504B.182 makes the landlord liable for damages equal to the portion of the deposit withheld, as a penalty, in addition to the portion wrongfully withheld and interest (subd. 4). Bad-faith retention adds punitive damages of up to $500 per deposit, and retention after a missed deadline is presumed bad faith unless the deposit is returned within two weeks after an action to recover it begins (subd. 7).
- When your interest in the property ends, transfer the deposit (after lawful deductions, with interest) to your successor and notify the tenant of the transferee's name and address, or return it — within 60 days of the termination of your interest or when the successor must account to the tenant, whichever is first (subd. 5).
- A tenant may not burn the deposit as last month's rent. Withholding rent for the last payment period on the ground that the deposit should serve as payment is prohibited (with narrow month-to-month and foreclosure/contract-for-deed exceptions), creates a presumption about why the rent was withheld, and after written demand carries its own penalty and interest liability (subd. 8).
Use the Security Deposit Deadline Finder to calendar the clock and the deductions guide for the itemization itself.
Inspections are part of the deposit system now
Section 504B.182, added in 2023, makes inspection offers a landlord duty, not a courtesy. At commencement, or within 14 days of the tenant occupying the unit, notify the tenant of the option to request an initial inspection to identify existing deficiencies so they are not charged at move-out; if the tenant requests one, schedule it at a mutually acceptable time. Within a reasonable time after either party gives notice of termination, or before the lease term ends, notify the tenant in writing of the option to request a move-out inspection and of the right to be present; on request, inspect at a reasonable time but no earlier than five days before termination, the end of the lease, or the day the tenant plans to vacate, so the tenant has a chance to remedy deficiencies and avoid deductions. If the tenant agrees, a written acknowledgment of photos or videos of the unit's condition may substitute for either inspection. A tenant who chooses not to request an inspection discharges the duty — document the offer either way, because a missed inspection notice is one of the four deposit violations listed in § 504B.178, subd. 4.
A worked example
Rent is $1,500 a month and the deposit is $1,800. The full deposit was paid in February 2025, so interest runs from March 1, 2025. The tenancy terminates on Monday, March 2, 2026, and the tenant hands over a mailing address the same day.
- The return-or-statement deadline is Monday, March 23, 2026 — three weeks after termination and receipt of the address. Mailing first class on March 23 is compliance.
- Interest through the last day of the compliance month (March 31, 2026) is 13 months at 1% per year on $1,800: $1,800 × 1% × 13/12 = $19.50.
- You claim $550: $300 of unpaid rent and $250 to restore damage beyond ordinary wear. The balance due to the tenant is $1,800 − $550 + $19.50 = $1,269.50, accompanied by a written statement stating the specific reasons for the $550.
- Miss March 23 with no statement and the exposure is no longer just the balance: penalty damages equal to the portion withheld ($550, on these facts, if the whole claim is challenged — and up to the full withheld amount in dispute), plus the amount wrongfully withheld and interest, plus up to $500 in punitive damages if the retention is in bad faith.
Before the tenancy: prelease deposits, screening fees, and disclosure
Prelease deposits (§ 504B.175). Money taken from a prospective tenant before a rental agreement exists may be accepted only under a conspicuous written agreement stating the circumstances under which it will be returned, and the landlord must return it within seven days of the occurrence of a stated circumstance ("return" means postmarked within seven days). If a rental agreement is entered into, the prelease deposit must be applied to that tenant's security deposit or rent. A violation makes the landlord liable for the deposit plus one-half of it as a penalty. A screening fee is not a prelease deposit.
Screening fees (§ 504B.173). A landlord may not charge a screening fee when the landlord knows or should have known no unit is available then or within a reasonable future time; may not collect or hold a fee without giving a written receipt on request; and may not use, cash, or deposit the fee until every prior applicant has been screened and rejected, or offered the unit and declined. Before accepting a fee, disclose in writing the name, address, and phone number of the tenant screening service (unless none is used) and the criteria on which the decision will be based. The fee must be returned if the applicant is rejected for a reason not listed in that disclosure, if a prior applicant takes the unit, or to the extent it was not actually used for the reference check or reports described in the statute. A rejected applicant must be notified within 14 days, identifying the criteria the applicant failed to meet. And since 2024, no landlord may deny an application based on a pending eviction action, a court file that is not public, has been expunged, or has been destroyed, or an eviction action that did not result in a writ of recovery of premises and order to vacate (subd. 3a). A landlord who violates the section owes the fee plus a civil penalty of up to $100, filing costs, and attorney fees; an applicant who provides materially false information faces damages plus a penalty of up to $500.
Landlord disclosure (§ 504B.181). Before the tenancy commences, disclose to the tenant, in the rental agreement or otherwise in writing, the name and address of the person authorized to manage the premises and of the landlord or an agent authorized to accept service of process and receive notices and demands, and post that notice conspicuously on the premises (along with the notice that the attorney general's landlord-tenant statement is available on request). This is not a formality: except where the information was known or disclosed at least 30 days before the action, no action to recover rent or possession may be maintained unless the disclosure was made.
How much can a Minnesota landlord charge as a late fee?
Late fees are capped at 8% (§ 504B.177). A landlord may not charge a late fee unless the tenant and landlord have agreed in writing that a late fee may be imposed, and the agreement must specify when the fee will be imposed. In no case may the fee exceed 8% of the overdue rent payment. A "due date" that is merely a discount deadline does not start the fee. For a tenancy under a housing assistance payments contract, the fee is calculated and assessed only on the portion of rent payable by the tenant. A fee above 8%, or a fee with no written agreement behind it, is not a "reasonableness" argument — it is outside the statute.
Raising rent and ending a tenancy at will. There is no statewide statute fixing a rent-increase amount or a universal increase-notice period for fixed-term leases; an increase generally takes effect only at renewal. Two statutes do set floors. A tenancy at will may be terminated by either party by written notice at least as long as the interval between rent due dates or three months, whichever is less (§ 504B.135) — so a monthly tenant gets at least a month. And under § 504B.147, if a lease gives the landlord a period for a notice to quit or a rent increase that is different from the period the tenant must give to quit, the landlord may not use a period shorter than the tenant's, and the tenant may elect to use the landlord's longer period; the rule cannot be waived. Check local ordinances before assuming the state floor is the whole answer. See how to raise rent legally.
St. Paul rent stabilization — the ordinance as amended, not as voted. St. Paul voters approved rent stabilization in November 2021 and it took effect May 1, 2022, capping rent increases at 3% in any 12-month period. The city then amended it substantially: amendments effective January 2023 added vacancy decontrol after a just-cause vacancy, exempted income- or rent-restricted affordable housing, and exempted new construction for 20 years; landlords may also seek an exception — including a self-certification route for increases above 3% tied to specified cost grounds and a city process for larger requests — rather than treating 3% as absolute in every case. In May 2025 the city amended the ordinance again to permanently exempt new construction. Because the exemption status of a specific building turns on its certificate of occupancy and program status, confirm it with the St. Paul Department of Safety and Inspections before pricing a renewal; do not rely on the 2021 ballot description in either direction. Minneapolis voters authorized their city council to consider rent regulation in 2021, but Minneapolis has enacted no rent stabilization ordinance — there is no Minneapolis cap to apply. No other Minnesota city currently operates a comparable regime, and outside St. Paul there is no rent cap in Minnesota law. To check a planned St. Paul increase against the 3% cap and its exemptions, run it through our free Rent Cap Checker before pricing the renewal.
No last-month substitution. As noted above, § 504B.178, subd. 8 bars a tenant from withholding the last payment period's rent on the theory that the deposit covers it, outside its narrow exceptions.
What must a Minnesota landlord keep in repair, and how does rent escrow work?
The landlord's covenants (§ 504B.161). In every residential lease, the landlord covenants that the premises and all common areas are fit for the use intended, to keep them in reasonable repair during the term (including pest extermination, except for disrepair caused by the tenant's willful, malicious, or irresponsible conduct), to make them reasonably energy efficient where a listed measure's savings exceed its amortized cost, to maintain them in compliance with applicable health and safety laws, and to furnish heat at a minimum of 68 degrees Fahrenheit in all places intended for habitation, including kitchens and bathrooms, from October 1 through April 30. The covenants may not be waived or modified. A landlord may agree that the tenant will perform specified repairs or maintenance only if the agreement is supported by adequate consideration and set out in a conspicuous writing — and even then it cannot waive subdivision 1 or shift common-area duties.
There is no free-standing repair-and-deduct statute. Minnesota does not give a tenant a general right to hire a contractor and deduct the bill from rent. The tenant's structured remedy is the rent escrow action in § 504B.385, supplemented by the tenant remedies actions in §§ 504B.381 and 504B.395–504B.471 and by code enforcement. A tenant who simply deducts a repair bill without one of those routes risks a nonpayment case; a landlord who receives an escrow filing should treat it as the repair deadline it is.
Rent escrow, step by step (§ 504B.385). For a code violation documented through the § 504B.185 inspection process, the tenant may deposit rent with the court administrator once the time granted to make repairs has expired without satisfactory repairs (unless the tenant alleges the time granted is excessive). For other covered violations, the tenant must first give the landlord written notice specifying the violation, delivered personally or sent to the person or place where rent is normally paid; if the violation is not corrected within 14 days, the tenant may deposit the rent due with the court administrator with an affidavit specifying the violation. Rent that becomes due while the case is pending must also be deposited, and the tenant may not withhold rent to remedy a violation outside this process. A hearing follows within 10 to 14 days. On finding a violation, the court may order relief including retroactive rent abatement, release escrowed rent to remedy the violation, order future rent deposited or abated until the violation is remedied, and impose fines. If no violation existed, or the full rent was not deposited, the escrowed rent is released to the landlord immediately. The landlord may counterclaim for possession only on the ground that the full rent was not deposited, and escrow and eviction cases between the same parties are consolidated.
How much notice must a Minnesota landlord give before entering, and at what hours?
Section 504B.211 governs every non-emergency entry, and its current text — amended in 2023 — is stricter than the "reasonable notice" summary in older guides:
- Enter only for a reasonable business purpose. The statute's list includes showing the unit to prospective tenants during the notice period or after the tenant has given notice to move, showing it to a prospective buyer or an insurance representative, performing maintenance, allowing code inspections, responding to a disturbance, investigating a reasonably believed lease violation, prearranged housekeeping in senior housing, checking on a reasonably believed unauthorized occupant, and entering a unit the tenant has vacated.
- Make a good-faith effort to give reasonable notice of not less than 24 hours, specifying a time or anticipated window of entry. A tenant may voluntarily permit entry on shorter notice.
- Enter only between 8:00 a.m. and 8:00 p.m., unless the landlord and tenant agree to an earlier or later time.
- The right to notice cannot be waived, and a landlord may not require a waiver as a condition of entering into or maintaining the lease.
- No-notice entry is allowed only where the landlord reasonably suspects immediate entry is necessary to prevent injury to persons or property from maintenance, building-security, or law-enforcement conditions, to determine a tenant's safety, or to comply with local ordinances regarding unlawful activity in the unit. If the landlord enters while the tenant is absent without prior notice, the landlord must leave a written disclosure of the entry in a conspicuous place in the premises.
- Penalty: a violation entitles the tenant to a remedy that may include a rent reduction up to full rescission of the lease, recovery of the deposit less lawful amounts, and up to $500 in civil penalty for each violation, plus reasonable attorney fees.
The section does not apply to manufactured home parks as defined in § 327C.015, which have their own regime.
What must a Minnesota landlord do before filing an eviction action?
Minnesota evictions are eviction actions under §§ 504B.281–504B.371 (the older "unlawful detainer" label survives only in descriptions). Self-help is not an alternative track at any stage — see the lockout section below. Full process: how to evict a tenant.
Step 1 — for nonpayment, the § 504B.321, subd. 1a notice comes first
Before bringing an eviction action alleging nonpayment of rent or another unpaid financial obligation under the lease, the landlord must provide written notice specifying the basis for a future eviction action. The notice must include:
1. The total amount due;
2. A specific accounting of the total due, broken out among unpaid rent, late fees, and other charges under the lease;
3. The name and address of the person authorized to receive rent and fees on the landlord's behalf;
4. The statutory statement about the right to seek legal help and free legal help through Legal Aid / LawHelpMN.org;
5. The statutory statement about applying for financial help through the local county or Tribal social services office, MNBenefits.mn.gov, or 2-1-1; and
6. The statutory statement that the landlord can file an eviction case if the tenant does not pay the total due or move out within 14 days from the date of the notice — noting that some local governments may require a longer period.
The landlord or an agent must deliver the notice personally or by first-class mail to the tenant at the address of the leased premises. Only if the tenant fails to correct the delinquency within 14 days of delivery or mailing (or the longer period a local rule requires), and fails to vacate, may the landlord file. The copy of the notice must be attached to the complaint where applicable; failure to provide it requires the court to dismiss the action without prejudice and grant an expungement of the eviction case file (§ 504B.321, subd. 1(d)). Receipt of the notice is itself deemed sufficient demonstration of an emergency for county assistance verification — a notice that omits the help statements is not a technicality, it is a defective notice.
For lease violations other than nonpayment, Minnesota has no single statewide cure-notice statute comparable to the nonpayment notice: the ground, the lease's own termination clause, and § 504B.285 control. Do not recycle the 14-day nonpayment form for a breach case and assume it satisfies anything.
Step 2 — complaint, summons, and hearing
The complaint must state the full name and date of birth of the defendant if known, describe the premises, state the facts authorizing recovery, and meet the content rules in § 504B.321, subd. 3: attach the current (or most recent) written lease and relevant addenda; for nonpayment, attach a detailed itemized accounting; for a breach, identify the clause, the conduct, and the dates; for a holdover, attach any notice to vacate or quit; and state whether the tenancy is affected by a listed federal or state housing subsidy program and name the administering agency. The summons sets the appearance not less than seven nor more than 14 days from the day the summons issues, and must carry the statutory legal-help and financial-help statements and remote-participation information. On the expedited track — actions under § 504B.171 or based on behavior that seriously endangers other residents' safety or intentionally and seriously damages property, supported by a specific affidavit — the appearance is five to seven days and the summons must be served within 24 hours of issuance unless the court orders otherwise; seeking an expedited hearing without sufficient basis carries a civil penalty of up to $750, and only the expedited allegations may be considered at that hearing. To map these windows onto your own dates — the 14-day pre-filing notice, the summons appearance window, and the writ — use the Eviction Timeline Calculator, which lays out the full sequence for Minnesota and every other state, with citations.
Two filing-stage rules reward a clean file. An eviction action is not accessible to the public until the court enters a final judgment (parties and their assisting licensed attorneys excepted) (§ 504B.321, subd. 6). And the court must dismiss and expunge the record of any action where the person bringing it fails to comply with § 504B.321 (§ 504B.321, subd. 5). Eviction records are also subject to expungement under § 484.014, and — as the screening section above notes — a landlord may not deny a later application based on a pending, nonpublic, or expunged file, or on an action that never produced a writ.
Step 3 — judgment, redemption, and the writ
If the court or jury finds for the landlord, judgment for recovery of the premises is entered immediately, costs are taxed against the defendant, and a writ of recovery of premises and order to vacate issues — but, except in § 504B.171 cases, serious-endangerment or serious-damage cases, and default judgments, the court shall stay execution of the writ for a reasonable period not to exceed seven days (§ 504B.345, subd. 1). If the court finds for the tenant, judgment is entered for the tenant and the court shall expunge the records of the action (§ 504B.345, subd. 1(c)).
Redemption is the rule that ends most nonpayment cases (§ 504B.291). Unless the landlord has also alleged a material lease violation under § 504B.285, subd. 5, the tenant may, at any time before possession has been delivered, redeem the tenancy and be restored to possession by paying the rent in arrears, with interest, the costs of the action, and an attorney fee not to exceed $5, and performing the other covenants of the lease. Redemption may be made with a written guarantee from a federal, state, or local government agency, or from a 501(c)(3) organization that administers a government rental assistance program, has sufficient funds, and guarantees payment. Partial payment rules are strict: before or after filing, the parties may agree only in writing that a partial payment accepted before the order granting restitution issues does not waive the landlord's action — accept partial money without that writing and you risk the waiver argument the statute is designed to prevent. Payments must be applied to rent claimed from prior rental periods first, unless the court finds that claim waived.
Only a sheriff executes the writ, under § 504B.365. Changing the locks, removing belongings, or shutting off utilities to force a tenant out is not a shortcut around any of this — it is the separate violation described next.
Grounds and defenses to know before filing
- Grounds (§ 504B.285, subd. 1): holding over after a sale, foreclosure redemption period, or tax-judgment redemption period; holding over after the term ends or contrary to the lease's conditions or covenants, or after rent becomes due; and a tenant at will holding over after termination by notice to quit.
- Victims may not be evicted for being victims: a landlord may not commence an eviction solely because the tenant or an authorized occupant was the victim of an act listed in § 504B.206, subd. 1(a), nor against a tenant who terminated under § 504B.206 (subject to the failure-to-vacate exception in the statute), and a violation makes the landlord liable for the tenant's attorney fees and costs of obtaining an expungement (§ 504B.285, subd. 1(b)).
- Unlawful activities (§ 504B.171): every lease contains the statutory covenant against controlled substances, prostitution-related activity, unlawful firearm use or possession, and stolen property on the premises or in the common area and curtilage; a breach voids the tenant's right to possession and supports an eviction action, including on the expedited track. The same section bars crime-free lease provisions that penalize a tenant for summoning help in the circumstances it describes and protects a tenant's lawful possession of cannabis and hemp products other than consumption by combustion or vaporization.
- Retaliation is both a defense and a freestanding bar — see the next section.
What retaliation and lockouts does Minnesota law prohibit against tenants?
Retaliation (§ 504B.441). A residential tenant may not be evicted, nor may the tenant's obligations be increased or services decreased, if the eviction, increase, or decrease is intended as a penalty for the tenant's — or a housing-related neighborhood organization's — complaint of a violation. Timing allocates the proof: if the action occurs within 90 days after the complaint is filed, the burden of proving otherwise is on the landlord, unless the court finds the complaint was not made in good faith; after 90 days the burden is on the tenant. The same section is expressly carried into rent escrow proceedings (§ 504B.385, subd. 11). The practical rule is documentation: a rent increase or nonrenewal that follows a code complaint within the 90-day window needs a contemporaneous, complaint-independent business record behind it.
Unlawful exclusion or removal (§ 504B.375). A tenant who has been actually or constructively removed or excluded — expressly including termination of utilities or removal of doors, windows, or locks — may present a verified petition to the district court, and if the facts clearly show the exclusion was unlawful, the court shall immediately order possession restored, executed by the sheriff. The protection cannot be waived. There is no self-help eviction in Minnesota at any stage of a dispute, including after a lease expires: possession changes hands through a writ executed by the sheriff, or not at all.
Victims of violence (§ 504B.206). A tenant who fears imminent violence after being subjected to domestic abuse, criminal sexual conduct, sexual extortion, or harassment may terminate the lease without penalty or liability by giving signed, dated advance written notice stating the fear and its basis in a qualifying document, stating that the tenant needs to terminate, giving the termination date, and providing written instructions for any remaining personal property — accompanied by the qualifying document, and delivered before termination by mail, in person, or by a written communication method the tenant regularly uses with the landlord. The landlord may ask for the perpetrator's name to protect other tenants, but the tenant may decline for safety reasons and disclosure is not a precondition. A sole tenant who terminates owes rent for the full month in which the tenancy terminates and relinquishes claims to return of the security deposit, and is relieved of rent and charges for the rest of the term (pre-termination arrears survive). In a multi-tenant tenancy, the lease for all tenants terminates at the later of the end of that month or the end of the rent interval, with the same deposit and liability rules, and a remaining tenant may reapply for a new lease. The landlord must not disclose the notice information, the qualifying document, the relocation address, or the tenant's victim status, and may not enter it into a shared database; a violation carries $2,000 in statutory damages plus attorney fees and costs.
When the clocks actually start
Most Minnesota disputes are lost on start dates, not on the merits:
- Deposit return: three weeks runs from termination of the tenancy and receipt of the mailing address or delivery instructions — both events, not whichever is more convenient. Mailing on the last day counts.
- Deposit interest: from the first day of the month after full payment of the deposit, to the last day of the month in which the landlord complies (or judgment is entered, if earlier).
- Nonpayment filing: 14 days from delivery or mailing of the § 504B.321, subd. 1a notice — and a longer local period, where one applies, displaces the 14 days.
- Entry: the 24 hours runs to the specified time or window in the notice, and the entry itself must fall between 8:00 a.m. and 8:00 p.m. unless agreed otherwise.
- Rent escrow (non-code violations): the 14 days runs from the tenant's written notice specifying the violation; depositing rent before it expires, outside the code-violation track, is premature.
- Retaliation burden: the 90 days runs from the filing of the complaint, and it shifts who must prove intent — calendar it before serving any increase or nonrenewal.
- Tenancy at will: the notice period is the rent interval or three months, whichever is less — for a monthly tenancy, one month, not three.
A 10-step compliance checklist
1. Before signing, give the § 504B.181 disclosure in writing and post it; keep proof with the lease file.
2. If you take a prelease deposit, use a conspicuous written agreement with return circumstances and calendar the 7-day return duty (§ 504B.175).
3. Before taking a screening fee, deliver the written screening-service and criteria disclosure; after a rejection, send the 14-day criteria notice; never deny on a pending, nonpublic, expunged, or no-writ eviction file (§ 504B.173).
4. Put the late fee in a written agreement that specifies when it is imposed, and cap it at 8% of the overdue payment (§ 504B.177).
5. Offer the initial inspection in writing at commencement; offer the move-out inspection in writing before the end, timed no earlier than five days before departure (§ 504B.182).
6. Hold the deposit knowing it accrues 1% simple interest, and track the forwarding address — the 21-day clock does not start until you have it (§ 504B.178).
7. Give entry notice of at least 24 hours with a time or window, enter only 8-to-8 for a listed business purpose, and leave a written disclosure after any no-notice emergency entry (§ 504B.211).
8. Answer repair requests in writing; if a § 504B.385 notice arrives, treat its 14 days as a hard repair deadline and expect rent to be deposited with the court, not withheld informally.
9. For nonpayment, serve the § 504B.321, subd. 1a notice with the itemized accounting and all three help statements, wait the full 14 days (or the longer local period), attach the notice to the complaint, and get any partial-payment non-waiver agreement in writing.
10. Never change locks, remove doors or windows, or terminate utilities to force a move-out; possession moves only on a sheriff-executed writ, and check the 90-day retaliation window before any increase, nonrenewal, or filing (§§ 504B.375, 504B.441).
FAQ
Is there a maximum security deposit in Minnesota?
No. Minnesota sets no state cap on the deposit amount (§ 504B.178). What the statute regulates instead is everything around the amount: 1% simple interest, a 21-day return-or-statement clock, only two permitted withholding categories, and penalty damages measured on the portion withheld. Check a planned deposit against Minnesota's no-cap rule with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.
How long does a Minnesota landlord have to return a security deposit?
Three weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions — return the deposit with interest, or furnish a written statement showing the specific reasons for any withholding (§ 504B.178, subd. 3). Mailing first class within the window is sufficient compliance. If the tenant left because the building was legally condemned for reasons not caused by the tenant, the period is five days.
What can a Minnesota landlord deduct from a security deposit?
Only amounts reasonably necessary to remedy defaults in rent or other funds due under the agreement, or to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted (§ 504B.178, subd. 3). The landlord bears the burden of proving the reason for every amount withheld, by a fair preponderance of the evidence.
What is the penalty for keeping a Minnesota security deposit too long?
Damages equal to the portion of the deposit withheld, as a penalty, in addition to the portion wrongfully withheld and interest (§ 504B.178, subd. 4) — the exposure is measured on what was kept, not automatically on the whole deposit. Bad-faith retention adds punitive damages of up to $500 per deposit, and retention after a missed deadline is presumed bad faith unless the deposit is returned within two weeks after a recovery action begins (subd. 7).
How much notice must a Minnesota landlord give to enter a rental unit?
Not less than 24 hours, by a good-faith effort, specifying a time or anticipated window, for a reasonable business purpose, with entry only between 8:00 a.m. and 8:00 p.m. unless the tenant agrees to another time (§ 504B.211, subd. 2). The old summary — "reasonable notice, no specific hours in the statute" — has been wrong since the 2023 amendment. The tenant's right to notice cannot be waived in the lease.
What is the maximum late fee in Minnesota?
8% of the overdue rent payment (§ 504B.177). The fee also requires a written agreement that a late fee may be imposed, specifying when it will be imposed; without that agreement there is no fee at all, at any percentage. On a housing assistance payments contract, the fee is calculated only on the tenant's portion of the rent.
How much notice is required before filing a Minnesota eviction for nonpayment?
A written 14-day pre-filing notice under § 504B.321, subd. 1a, containing the total due, an itemized accounting, the name and address of the person authorized to receive payment, and the three statutory statements about legal help, financial help, and the right to file after 14 days. It is delivered personally or by first-class mail, and a longer local notice period displaces the 14 days. Filing without it requires dismissal without prejudice and expungement.
Can a Minnesota tenant stop an eviction by paying?
Yes, in a nonpayment case. Under § 504B.291 the tenant may redeem at any time before possession is delivered by paying the rent in arrears with interest, the costs of the action, and an attorney fee capped at $5, and performing the lease's other covenants — unless the landlord has also alleged a material lease violation under § 504B.285, subd. 5. A written guarantee from a government or qualifying nonprofit rental-assistance administrator can serve as the redemption payment.
Can a Minnesota tenant repair and deduct, or withhold rent for repairs?
There is no general repair-and-deduct statute in Minnesota. The structured remedy is a rent escrow action under § 504B.385: written notice specifying the violation, 14 days to correct (for non-code violations), then deposit of the rent with the court administrator, a hearing within 10–14 days, and court-ordered relief that can include retroactive rent abatement. Deducting a contractor's bill informally risks a nonpayment filing.
Is there rent control in Minnesota?
Not statewide, and not in Minneapolis, which has enacted no stabilization ordinance. St. Paul has a rent stabilization ordinance capping increases at 3% in 12 months, as amended: vacancy decontrol and affordable-housing and new-construction exemptions were added in 2023, and new construction was permanently exempted in May 2025. Whether a particular St. Paul building is covered turns on its exemption status — confirm it with the city's Department of Safety and Inspections.
Can a Minnesota landlord deny an applicant because of an old eviction filing?
Not on the filings § 504B.173, subd. 3a lists: a pending eviction action, a court file that is not public, expunged, or destroyed, or an eviction action that did not result in a writ of recovery of premises and order to vacate. Screening criteria themselves must be disclosed in writing before a screening fee is accepted, and a rejection must be explained within 14 days by identifying the criteria the applicant failed to meet.
Can a Minnesota tenant break a lease because of violence at home?
Yes. Under § 504B.206, a tenant who fears imminent violence after domestic abuse, criminal sexual conduct, sexual extortion, or harassment may terminate without penalty on signed written notice with a qualifying document. A sole tenant owes rent for the full month of termination and relinquishes deposit claims, but owes nothing for the rest of the term; the landlord may not disclose the tenant's status or information, on pain of $2,000 statutory damages plus fees.
Primary sources
- Minn. Stat. § 504B.178 (Minnesota Revisor of Statutes) — deposit interest at 1%, the 3-week / 5-day return duties, the two withholding categories, penalty damages, and the bad-faith rule.
- Minn. Stat. § 504B.182 (Minnesota Revisor of Statutes) — initial and move-out inspection offers; failure is a § 504B.178, subd. 4 violation.
- Minn. Stat. § 504B.175 (Minnesota Revisor of Statutes) — prelease deposits: conspicuous written agreement, 7-day return, deposit-plus-half penalty.
- Minn. Stat. § 504B.173 (Minnesota Revisor of Statutes) — screening fees, criteria disclosure, 14-day rejection notice, and the subdivision 3a denial bars.
- Minn. Stat. § 504B.177 (Minnesota Revisor of Statutes) — late fees: written agreement, timing specification, 8% cap.
- Minn. Stat. § 504B.161 (Minnesota Revisor of Statutes) — habitability covenants, the 68-degree October-to-April heat rule, and non-waivability.
- Minn. Stat. § 504B.385 (Minnesota Revisor of Statutes) — rent escrow actions: notice, deposit with the court, hearing, and relief.
- Minn. Stat. § 504B.211 (Minnesota Revisor of Statutes) — entry: 24-hour notice, 8-to-8 window, business purposes, emergency exceptions, $500-per-violation penalty.
- Minn. Stat. § 504B.135 (Minnesota Revisor of Statutes) — terminating a tenancy at will: notice at least as long as the rent interval or three months, whichever is less.
- Minn. Stat. § 504B.147 (Minnesota Revisor of Statutes) — parity between the landlord's notice-to-quit / rent-increase period and the tenant's notice period.
- Minn. Stat. § 504B.321 (Minnesota Revisor of Statutes) — eviction complaints and summonses, the subdivision 1a 14-day pre-filing nonpayment notice, expedited hearings, dismissal and expungement for defective filings, and the nonpublic file.
- Minn. Stat. § 504B.291 (Minnesota Revisor of Statutes) — redemption in nonpayment actions, the $5 attorney-fee cap, assistance guarantees, and written partial-payment agreements.
- Minn. Stat. § 504B.285 (Minnesota Revisor of Statutes) — eviction grounds and the bar on evicting victims of violence.
- Minn. Stat. § 504B.345 (Minnesota Revisor of Statutes) — judgment, the writ of recovery, the stay of up to seven days, and expungement on a defense judgment.
- Minn. Stat. § 504B.375 (Minnesota Revisor of Statutes) — unlawful exclusion or removal, including utility termination and removal of doors, windows, or locks.
- Minn. Stat. § 504B.441 (Minnesota Revisor of Statutes) — retaliation for a complaint of a violation; the 90-day burden rule.
- Minn. Stat. § 504B.181 (Minnesota Revisor of Statutes) — landlord and manager disclosure, posting, and the bar on maintaining an action without it.
- Minn. Stat. § 504B.206 (Minnesota Revisor of Statutes) — lease termination by victims of violence; confidentiality and the $2,000 disclosure penalty.
- Minn. Stat. § 504B.171 (Minnesota Revisor of Statutes) — the unlawful-activities covenant and the limits on crime-free lease provisions.
More landlord-tenant law guides
- Landlord-tenant law by state
- Michigan landlord-tenant law
- Mississippi landlord-tenant law
- Massachusetts landlord-tenant law
- Missouri landlord-tenant law
- Iowa landlord-tenant law
- Wisconsin landlord-tenant law
- South Dakota landlord-tenant law
- North Dakota landlord-tenant law
This is general information, not legal advice. St. Paul and Minneapolis have local ordinances — consult a Minnesota landlord-tenant attorney for specific situations.