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State laws / Minnesota

Minnesota Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Minnesota law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.

Main statute: Minnesota Landlord and Tenant law (Minn. Stat. ch. 504B) (Minn. Stat. ch. 504B)

Security deposits

Max
No statutory cap on the amount.
Return deadline days
21 days
Itemization required
Yes
Interest required
Yes: 1% simple, noncompounded interest per year (amounts under $1 excluded).

Source: Minn. Stat. § 504B.178, subds. 2-3

Calculate your Minnesota deposit return deadline

Late fees

Rule
Only if agreed in writing, and the agreement must say when the fee is imposed; capped at 8% of the overdue rent payment. Federally subsidized tenancies may follow a conflicting federal fee schedule; for assisted tenancies the fee is calculated only on the tenant's portion of rent.

Source: Minn. Stat. § 504B.177

Check if your Minnesota late fee is legal

Landlord entry

Notice
Only for a reasonable business purpose and after a good-faith effort to give at least 24 hours' notice specifying a time or window; entry only between 8:00 a.m. and 8:00 p.m. unless agreed. No notice needed when immediate entry is necessary for safety/emergency reasons. The tenant cannot be required to waive the notice right as a condition of the lease.

Source: Minn. Stat. § 504B.211, subds. 2-4

Ending a month-to-month tenancy

Tenant
Written notice at least as long as the interval between rent due dates (or three months, whichever is less)
Landlord
Written notice at least as long as the interval between rent due dates (or three months, whichever is less)

Source: Minn. Stat. § 504B.135

Rent increases

Rule
No general statutory notice period for rent increases. But if a lease gives the landlord a different notice period than the tenant, the landlord's notice of a rent increase (or to quit / non-renewal) may not be shorter than the notice the lease requires from the tenant; this cannot be waived.
Statewide rent control
No; cities and counties may control rents only through an ordinance or charter amendment approved in a general election (Minn. Stat. § 471.9996).

Source: Minn. Stat. §§ 504B.147, 471.9996

Repairs & habitability

Rule
In every residential lease the landlord covenants that the premises and common areas are fit for their intended use, kept in reasonable repair (including pest extermination), and compliant with health and safety codes, and must provide heat to at least 68°F from Oct 1 through Apr 30. These covenants cannot be waived; tenant-performed repairs require a conspicuous written agreement with adequate consideration. Tenants may use rent escrow with the court (after 14 days' written notice for most violations).

Source: Minn. Stat. §§ 504B.161, 504B.385

Retaliation

Rule
A landlord may not evict, increase obligations or decrease services as a penalty for a tenant's good-faith complaint or for enforcing lease or legal rights. If the action comes within 90 days of the complaint/act, the landlord bears the burden of proving it was not retaliatory.

Source: Minn. Stat. §§ 504B.441, 504B.285, subds. 2-3

Clauses often unenforceable in Minnesota

  • Waiving or modifying the landlord's repair and habitability covenants (504B.161, subd. 1(b))
  • Waiving the 24-hour entry notice right as a condition of the lease (504B.211, subd. 2)
  • Late fee above 8% of the overdue rent, or not agreed in writing (504B.177)
  • One-sided attorney-fee clause: if the landlord can recover fees, the tenant gets the same right when prevailing (504B.172)
  • Any waiver of the security deposit rules, incl. 21-day return and interest (504B.178, subd. 10)
  • Requiring renewal more than 6 months before a 10+ month lease ends (504B.144)
  • Landlord notice of rent increase / non-renewal shorter than the tenant's required notice (504B.147)
  • Charging full rent for a final partial month instead of prorating (504B.116)

Notes

Leases must list the 'Total Monthly Payment' (rent plus all non-optional fees) on the first page and say whether utilities are included; violations allow treble damages (504B.120). Lease start and end dates must be on the first page (504B.146). Auto-renewal clauses (2+ month terms) are enforceable only if the landlord sends written notice 15-30 days before the tenant's notice deadline (504B.145). Bad-faith deposit retention: up to $500 punitive damages (504B.178, subd. 7). Checked against revisor.mn.gov text on 2026-10-17.

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Common lease red flags, explained

  • Non-refundable security deposits
  • Late fees
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Rent increase clauses
  • Waivers of tenant rights
  • Move-out cleaning & carpet fees

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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