Minnesota Roommate Agreement
The Minnesota rules that shape the document: no lodger law for removal, a broad tenant definition that sweeps in off-lease roommates, and the fair housing exemption's specific grounds.
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Introduction
A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Minnesota, a few state rules sit on top of the national template: Chapter 504B defines tenant so broadly that an off-lease roommate can still count as a residential tenant, there is no lodger statute, so removing a roommate always requires a formal eviction, and Minnesota's fair housing exemption for owner-occupied shared living covers a specific list of grounds, sex, gender identity, marital status, public-assistance status, sexual orientation, and disability, but not race, color, creed, religion, or national origin. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.
Key Things to Know
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Minnesota's fair housing exemption for owner-occupied shared living covers a specific list: sex, gender identity, marital status, status with regard to public assistance, sexual orientation, and disability. It does not cover race, color, creed, religion, or national origin, which remain fully protected even in a shared owner-occupied home.
- 2
Minnesota has no lodger statute like California's. Chapter 504B folds even a bare licensee or lodger into the same statutory covenants as a tenant, so there is no faster, notice-only path to remove an unwanted roommate. Removal always requires a formal eviction.
- 3
Minnesota defines 'residential tenant' broadly to include 'all other regular occupants' of the unit, not just the people named on the lease. A roommate can gain Chapter 504B's tenant protections even without being on the lease or having formal landlord consent.
- 4
Self-help removal, changing the locks, removing belongings, or shutting off utilities, is independently barred by Minnesota's unlawful-exclusion statute. Neither roommate may use it against the other.
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Ordinarily only the landlord can file an eviction. A remaining roommate can ask the landlord to file an eviction naming only the offending roommate, but Minnesota law does not require the landlord to agree, and legal aid guidance describes this as complicated and risky.
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No Minnesota statute sets a joint-and-several or pro-rata default for rent liability among co-tenants. The lease itself controls whoever signed it; this agreement should state how the roommates reimburse each other explicitly.
- 7
No Minnesota statute addresses how departing roommates split a security deposit refund. The deposit statute governs only the landlord's duty to the tenant who is party to the lease, so the split between roommates is left entirely to this agreement.
Key decisions before you file
Before you file a Roommate Agreement in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Minnesota Requirements for Roommate Agreement
Minnesota has no lodger statute. Chapter 504B folds even a bare licensee or lodger into the same statutory covenants as a tenant (Minn. Stat. § 504B.171, subd. 1(a); § 504B.001, subd. 9), and self-help removal is independently barred by the unlawful-exclusion statute (§ 504B.375). The agreement should not suggest any self-help or notice-only removal right.
Minn. Stat. § 504B.001, subd. 12 defines 'residential tenant' to include 'all other regular occupants of that dwelling unit,' not just those named on the lease. A roommate can gain Chapter 504B protections even without being on the lease or having formal landlord consent.
A remaining roommate cannot personally file an eviction against another roommate. They may ask the landlord to file an eviction naming only the offending roommate, but Minnesota law does not require the landlord to agree. Note this is not a guaranteed or simple process.
Minn. Stat. § 363A.21, subd. 1(2) exempts a resident owner or occupier renting a room in a one-family accommodation from liability for discrimination based on sex, gender identity, marital status, status with regard to public assistance, sexual orientation, or disability. Race, color, creed, religion, and national origin are not on this list and remain fully covered.
No Minnesota statute sets a joint-and-several or pro-rata default for rent liability among co-tenants on one lease. The lease itself controls; the agreement should state how the roommates reimburse each other explicitly.
No Minnesota statute addresses how departing roommates split a security deposit refund. Minn. Stat. § 504B.178, subd. 2 governs only the landlord's duty to the tenant who is party to the lease. State the split or reimbursement rule explicitly in the agreement.
Frequently Asked Questions
The lease is between the tenants and the landlord. A Minnesota roommate agreement is a separate contract between the co-tenants themselves, covering rent splits, chores, guests, and issues Minnesota's landlord-tenant statutes do not address, such as how roommates split a security deposit or handle a non-paying roommate.
No. A Minnesota roommate agreement does not bind the landlord and cannot change the lease. If the lease requires landlord consent to add an occupant, that term still controls; this agreement only governs the relationship between the co-tenants themselves.
No. Minnesota has no lodger law like California's. Chapter 504B folds even a bare licensee or lodger into the same statutory covenants as a tenant, so removing an unwanted roommate always requires the normal eviction process. Self-help removal, such as changing the locks, is independently barred by Minnesota's unlawful-exclusion statute.
Often yes. Minnesota defines 'residential tenant' broadly to include 'all other regular occupants' of the unit, not just the people named on the lease. That sweep-in means an off-lease roommate can still gain Chapter 504B's tenant protections.
You can ask, but only the landlord can actually file the eviction, and Minnesota law does not require the landlord to name only one roommate. Legal aid guidance describes this route as complicated and risky, so do not treat it as a guaranteed or simple process.
No Minnesota statute sets a default rule making co-tenants jointly and severally liable for rent, or splits liability pro rata. The lease itself controls whoever signed it. The roommate agreement should state explicitly how the roommates reimburse each other, since state law will not fill that gap.
No Minnesota statute addresses this. The deposit statute governs only the landlord's duty to the tenant who is party to the lease, not how co-tenants divide a refund among themselves. Put the split or reimbursement rule in the roommate agreement, since nothing else will govern it.
No. Unlike New York, no Minnesota statute gives a tenant an affirmative right to add an occupant over the landlord's objection. The lease and the landlord's consent control whether a new roommate may move in.
Only narrowly. Minnesota's fair housing exemption for owner-occupied shared living applies to sex, gender identity, marital status, public-assistance status, sexual orientation, and disability. Refusing someone based on race, color, creed, religion, or national origin remains fully covered by Minnesota law, with no exemption.