Minnesota Residential Lease Agreement

Minnesota sets no statutory security deposit cap but requires return with interest within 21 days. Free lease template with Minn. Stat. 504B disclosures. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, covering the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy can end. In Minnesota, leases are governed by Minnesota Statutes Chapter 504B, the Landlord and Tenant chapter. Minnesota sets no statutory dollar or months-of-rent cap on a security deposit, but a landlord must hold it and pay simple noncompounded interest at one percent per year, then either return the deposit with interest or send a written itemized statement of deductions within three weeks (21 days) after the tenancy ends, or five days if the tenant leaves because the unit was legally condemned (Minn. Stat. 504B.178). Before the tenancy begins, the landlord must disclose in writing the name and address of the person authorized to manage the premises and the person authorized to accept legal notices (Minn. Stat. 504B.181), and must disclose any outstanding code-violation or condemnation orders affecting health or safety before the tenant signs the lease or pays rent or a deposit (Minn. Stat. 504B.195). A landlord may enter only for a reasonable business purpose and must make a good-faith effort to give at least 24 hours advance notice (Minn. Stat. 504B.211). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a written contract in which a tenant pays rent to occupy a landlord's property for a set period, spelling out rent, deposit, duties, and how the tenancy ends.

  2. 2

    Minnesota sets no statutory cap on a security deposit amount, but the landlord must pay simple noncompounded interest of one percent per year on it (Minn. Stat. 504B.178).

  3. 3

    The deposit, with interest, or a written itemized statement of any withholding, is due within three weeks (21 days) after the tenancy ends, or five days if the unit is legally condemned (Minn. Stat. 504B.178).

  4. 4

    Before the tenancy starts, the landlord must disclose in writing the manager's name and address and who is authorized to accept legal notices (Minn. Stat. 504B.181), plus any outstanding health or safety code-violation and condemnation orders (Minn. Stat. 504B.195).

  5. 5

    A landlord may enter only for a reasonable business purpose and must give a good-faith minimum of 24 hours notice, generally between 8 a.m. and 8 p.m. (Minn. Stat. 504B.211).

  6. 6

    A late fee requires a written agreement specifying when it applies and may never exceed 8 percent of the overdue rent payment (Minn. Stat. 504B.177); the statute sets no separate grace period.

  7. 7

    Minnesota prohibits statewide rent control; a city, county, or town may adopt rent control only if voters approve it in a general election, which is how St. Paul's ordinance came about (Minn. Stat. 471.9996). Month-to-month (tenancy-at-will) termination notice must be at least as long as the interval between rent due dates or three months, whichever is less (Minn. Stat. 504B.135).

Key decisions before you file

Before you file a Residential Lease Agreement in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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MINNESOTA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES & PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (Landlord, sometimes called the lessor) and [TENANT NAME] (Tenant, sometimes called the lessee), for the rental property located at [FULL RENTAL ADDRESS], Minnesota (the Premises).

  2. TERM The lease is either a fixed term from [START DATE] to [END DATE] or a month-to-month tenancy at will beginning [START DATE]. A month-to-month tenancy continues until either party gives written notice of termination as described in Section 8.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month. A late fee may apply only if Landlord and Tenant sign a written agreement stating when the fee is imposed, and the fee can never exceed 8 percent of the overdue rent payment (Minn. Stat. 504B.177). Minnesota sets no separate statutory grace period.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Minnesota sets no statutory cap on this amount. The deposit bears simple noncompounded interest at one percent per year. Within three weeks (21 days) after the tenancy ends, or five days if Tenant leaves because the unit is legally condemned, Landlord must return the deposit with interest or send Tenant a written statement itemizing any deductions (Minn. Stat. 504B.178).

  5. DISCLOSURES Landlord discloses, before the tenancy begins: (a) the name and address of the person authorized to manage the Premises and the person authorized to accept legal notices (Minn. Stat. 504B.181); (b) any outstanding inspection citations or condemnation orders affecting health or safety (Minn. Stat. 504B.195); and (c) for housing built before 1978, the federal Lead-Based Paint Disclosure (42 U.S.C. 4852d), attached as an exhibit.

  6. ENTRY Landlord may enter the Premises only for a reasonable business purpose, generally between 8:00 a.m. and 8:00 p.m., and must make a good-faith effort to give Tenant at least 24 hours advance notice of intent to enter (Minn. Stat. 504B.211). This notice right may not be waived as a lease condition.

  7. MAINTENANCE / USE Landlord covenants that the Premises are fit for their intended use, kept in reasonable repair, and maintained in compliance with applicable health and safety codes; these covenants of habitability are implied by law and cannot be waived (Minn. Stat. 504B.161). Tenant shall use the Premises only as a residence, keep it clean, and promptly notify Landlord of needed repairs.

  8. TERMINATION Either party may end a month-to-month tenancy by giving written notice at least as long as the interval between rent due dates, or three months, whichever is less (Minn. Stat. 504B.135). Minnesota has no separate statewide statute governing rent-increase notice; landlords generally apply this same tenancy-at-will notice period, and local ordinances such as a voter-approved rent stabilization measure may impose additional rules (Minn. Stat. 471.9996).

SIGNATURES _____________________________ Date: [DATE] [LANDLORD NAME], Landlord

_____________________________ Date: [DATE] [TENANT NAME], Tenant

Note: This lease is governed by Minnesota Statutes Chapter 504B. This is a Minnesota skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

Minnesota Requirements for Residential Lease Agreement

No Statutory Security Deposit Cap, But Interest Is Owed

Minnesota sets no statutory dollar or months-of-rent cap on a security deposit. Whatever amount the landlord collects must bear simple noncompounded interest at one percent per year (Minn. Stat. 504B.178).

Return the Deposit or Itemize Deductions Within 21 Days

Within three weeks (21 days) after the tenancy ends, five days if the tenant leaves due to legal condemnation, the landlord must return the deposit with interest or furnish a written statement itemizing (breaking down item by item) any withheld amount (Minn. Stat. 504B.178).

Disclose the Property Manager and Notice Contact

Before the tenancy begins, the landlord must disclose in writing the name and address of the person authorized to manage the premises and the person authorized to accept legal notices and demands (Minn. Stat. 504B.181).

Disclose Outstanding Inspection or Condemnation Orders

Before a tenant signs the lease or pays rent or a deposit, the landlord must disclose any outstanding code-violation citations or condemnation orders affecting the unit's health or safety (Minn. Stat. 504B.195).

Give 24-Hour Entry Notice for a Reasonable Business Purpose

A landlord may enter the rented premises only for a reasonable business purpose and must make a good-faith effort to give the tenant at least 24 hours advance notice of intent to enter, generally between 8 a.m. and 8 p.m. (Minn. Stat. 504B.211).

Late Fees Require a Written Agreement and Cap at 8 Percent

A landlord may not charge a late fee unless the tenant and landlord agreed to one in writing that states when it applies. Even then, the late fee can never exceed 8 percent of the overdue rent payment (Minn. Stat. 504B.177).

Month-to-Month Notice Follows the Tenancy-at-Will Rule

Either party may end a month-to-month (tenancy-at-will) lease by giving written notice at least as long as the interval between rent due dates, or three months, whichever is less; Minnesota applies this same interval to rent-increase notice, since no separate statute governs it (Minn. Stat. 504B.135).

No Statewide Rent Control; Habitability Covenants Cannot Be Waived

Minnesota prohibits statewide rent control; a city, county, or town may adopt it only if approved by voters in a general election, which is how St. Paul's ordinance was enacted (Minn. Stat. 471.9996). Separately, the implied covenants of habitability, that the unit is fit for use and kept in reasonable repair, may never be waived in the lease (Minn. Stat. 504B.161).

Frequently Asked Questions

A Minnesota lease should identify the landlord and tenant, the rental address, the rent amount and due date, the term, and the security deposit terms. It must also include the required written disclosures: the name and address of the person managing the property and the person authorized to accept legal notices (Minn. Stat. 504B.181), and any outstanding health or safety code-violation or condemnation orders (Minn. Stat. 504B.195). Covenants of habitability under Minn. Stat. 504B.161 apply automatically and cannot be waived.

Minnesota sets no statutory maximum dollar amount or months-of-rent limit on a security deposit. Whatever amount the landlord collects must bear simple noncompounded interest of one percent per year, and the landlord must return the deposit with interest, or send a written statement itemizing any deductions, within three weeks (21 days) after the tenancy ends, five days if the unit was legally condemned (Minn. Stat. 504B.178).

Yes. You can generate a Minnesota residential lease agreement at no cost using this template, filling in the parties, rent, term, and deposit details required under Chapter 504B. Attorney review is an optional add-on if you want a lawyer to check the finished lease before you sign.

No. Minnesota does not require a residential lease to be notarized or witnessed to be valid. The lease is enforceable once the landlord and tenant sign it. Notarization is common for deeds and powers of attorney, not for leases.

Generally no. A landlord may enter only for a reasonable business purpose, such as repairs or an inspection, and must make a good-faith effort to give the tenant at least 24 hours advance notice under Minn. Stat. 504B.211. This notice right cannot be waived as a condition of the lease.

A Minnesota landlord must disclose, in writing before the tenancy begins, the name and address of the person managing the property and the person authorized to accept legal notices (Minn. Stat. 504B.181), and must disclose any outstanding code-violation or condemnation orders affecting health or safety before the tenant signs the lease or pays rent or a deposit (Minn. Stat. 504B.195). Federal law also requires a lead-based paint disclosure for housing built before 1978 (42 U.S.C. 4852d).

A month-to-month tenancy in Minnesota is a tenancy at will. Either party can end it by giving written notice at least as long as the interval between rent due dates, or three months, whichever is less (Minn. Stat. 504B.135). Minnesota has no separate statewide statute for rent-increase notice; landlords generally apply this same tenancy-at-will notice period.

A landlord cannot charge a late fee at all unless the tenant and landlord agreed to one in writing, and the agreement must state when the fee applies. Even with a written agreement, the late fee can never exceed 8 percent of the overdue rent payment (Minn. Stat. 504B.177).