Sure, you may not be renting out a 9.5 million square foot building such as the Mall of America in Bloomington, but it’s just as important to know the laws regulating residential property. Minnesota has definitive regulations surrounding disclosure and even how a tenant must behave during blustery weather conditions.
At a Glance:
Late Fees: There is a limit of 8% of the unpaid rent payment permitted for a late charge.
Returned Payment Fee Limit: No more than $30 may be charged.
Security Deposit: There are no statutes regarding the maximum that can be collected.
Notice to Enter: The landlord must provide sensible notice unless there is an emergency.
Late Fee & Returned Check Fee:
Minnesota imposes a restriction of no more than 8% of the tardy rent payment as a late fee, and it must be agreed upon in the rental agreement.
As for bounced checks, Minnesota allows for a $30 service charge for checks returned for non-payment, if the information was “conspicuously displayed.”
Although there are no limitations on how much a landlord can collect, if the landlord collects a security deposit, interest must be given to the tenant annually in accordance with Section 504B.178 of the Minnesota statutes.
At the end or the termination of the tenancy (and after the tenant provides the landlord a forwarding address or any other instructions for mailing); the landlord must return the security deposit or a statement of any deductions with any remaining money to the tenant within three weeks.
Landlords in Minnesota are pretty much held to the norm and that is to keep the rental premises fit, safe and in compliance with all state, and local laws. Make sure you pay close attention to all the fire safety regulations within your state and local jurisdictions!
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Right of Entry:
Minnesota requires reasonable notification before the landlord enters the premises for business, maintenance and repairs that are non-emergent. Emergencies do not require advanced notification.
Notice to End Lease:
For a lease or vacancy to end in Minnesota:
- Fixed term leases with a specific end date would end as specified in the lease.
- Monthly or periodic tenancies would require the amount of advanced notice as rent is paid. For instance, if you pay rent weekly; then seven days’ notice is needed or monthly, then 30 days is needed.
- There are restrictions on automatic lease renewals in a lease per MN Statutes.
First of all, in Minnesota, either in the lease or in some type of written notification, the tenant must be provided with the name and address of the person authorized to collect rent and receive notices in conjunction with the rental premises.
Before an eviction can even begin, notice must occur. If there is a written lease, the amount of time to provide notice may be specified in the lease. However, if the lease is silent or there is no written lease, the notice period required defaults to fourteen days. This means that if the tenant pays the rent and amounts owed before the expiration of the notice, there is no need to file in court for an eviction. However, if the tenant does not pay in full what is owed before the expiration of the notice period, then it is time to go to your local courthouse and file a complaint.
For lease violations, the process is the same. If the violation involves serious criminal activity or destruction of property, then there is no advance notification needed. The landlord can go to court and file the summons and complain immediately.
Minnesota requires the landlord to disclose if there are any outstanding citations or inspection orders they received from any municipal authority. This must be provided to a tenant before move-in, the signing of the lease or paying the first rental amount.
A landlord who owns a building containing 12 or more rental units must provide a written lease to the tenant.
There is a “cold weather law” in MN Statutes 504B.155 where tenants must provide the landlord specific notification during certain times of cold weather conditions or that tenant can be faced with consequences.
Questions? Ask an Attorney!
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