Sample Minnesota Rental Lease Agreement
Minnesota Rental Lease Agreement
You might want to get all the details on rental lease agreements in Minnesota before you sign any lease contracts. In this article, we reveal the laws and the regulations that govern rental lease agreements in Minnesota. You need every little detail before you sign lease documents.
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Official Tenant and Landlord Rules and Regulations
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Landlord and tenant - Minn. Stat. Ann. §§ 504B
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Minnesota Landlords and Tenants Rights and Responsibilities (available in PDF and on the web)
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Tenants’ Rights in Minnesota – August 2013
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The Manufactured Home Parks Handbook – available in PDF and on the internet
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Security Deposit
There is no statute for the security deposit maximum but, the landlord is required to give tenant interest on the security deposit. The interest given is 1 percent annually, and the amount is calculated from the first day of the next month following the full payment of the deposit up until the last day of the month when the landlord returns the deposit.
There are no statutes for setting up separate security deposit bank account and for pet deposits and any additional fees.
The landlord should return the security deposit within 21 days after the tenancy gets terminated, or within 5 days the tenant vacates the building because of legal condemnation.
It is a requirement to have a written itemized list or description of damages and charges.
No statutes govern the length of record-keeping for the deposit withholdings or the receipt of the deposit.
In case of noncompliance with Minn. Stat. Ann. §§ 504B.178, the landlord should return the full deposit with interest, as well as penalties that equal the amount withheld. A $500 fee is charged if the landlord holds the deposit in bad faith.
In case of sale or transfer of property, and if the landlord’s interest in the property gets terminated, the landlord will have60 days to return the security deposit or even account for the deposit to the tenants.
No tenant can use the deposit to pay the last month’s rent.
Lease, Fees, and Rent
No statute states when rent is due or for the rent grace period, as well as prepaid rent or returned check fees.
Before increasing the rent, the landlord should give a written notice one rental period and one day before the change in rent is effected.
Late fees are allowed only if it was agreed upon in the lease agreement. But, the fees shall not exceed 8 percent of the overdue rent.
The landlord should give a receipt if rent is payable in cash.
Screening fees are allowed as long as they are reasonable and used to perform background checks on the applicants/
A written lease is required if a landlord has a residential unit with more than 12 units.
The landlord should provide tenants with copies of any written rental agreements, plus all amendments.
Automatic lease renewals are allowed though there are a few restrictions.
Subleasing is allowed unless the lease prohibits it
The tenant can withhold rent if the landlord fails to provide essential services like water and heat. However, the withheld money should be put in an escrow account.
The tenant can repair and deduct rent from the judgment
The landlord can recover court and attorney fees
No statute stipulated if the landlord must make reasonable attempts to mitigate damages to the lessee, including any attempts to rerent.
Notices and Entry
There is no statute for giving notices to terminate tenancies for leases with fixed end dates as the lease terminates automatically.
For termination of leases at will including monthly leases, the time of the notice be at least as long as the interval between the time that the rent is due or three months, or the lesser period,
Termination of the lease at will for nonpayment including monthly leases involves the landlord giving 14 days’ notice to quit, in writing.
No statutes for the termination of leases for lease violations or for date and time of move-out inspections.
Entry is allowed, with notice for non-emergent business, maintenance, and repairs. Though 24-hour notices suffice
Entry is allowed without notices for emergencies
No statute on allowing entry during a tenant’s extended absence
A landlord can only enter a tenant’s premises without notice but, they should prepare a written disclosure of the entry.
If the landlord fails to give proper notice, the consequences are severe including rent reduction or termination of lease or even a $100 civil penalty per occurrence.
The Minnesota rental agreement laws do not stipulate if notice should be given to tenants for the use of pesticides.
Lockouts and utility shutoffs aren’t allowed
Unless the lease expires, a tenant must, between 15th November and 15th April give a 3-days’ notice before vacating for the landlord to winterize the property.
Disclosures and Miscellaneous Property
This covers the landlord responsibilities, as well as disclosures of the tenant handbook and orders. It also guides on unlawful acts, domestic violation situations, names and addresses, retaliation, the storage of tenant’s belonging, and Non-smoking.
Legal Matters
The state of Minnesota sets small claims court limits at $15,000, but this can change at the county level.
There are no eviction cases allowed in the small claims courts.
You can get legal help on lease contracts from the Attorney General, Conciliatory court, State Bar Association, State Judicial branch, and other law offices
Business Licenses
Businesses aren’t required statewide but, local cities and counties may require that landlords have business licenses.
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Sample
MN Rental Lease Agreement
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