New Minnesota laws: Landlord requirements, renter protections

ST. PAUL, Minn. (FOX 9) - Several new laws will take effect governing multiple aspects of life in Minnesota in the new year, and along with them are increased requirements for property owners renting units.

Here is a list of several new requirements for landlords, and rights for renters, that will take effect on Jan. 1, 2024.

Inspections

In 2024, tenants will have a right to request both a move-in and move-out inspection.

Upon move-in, a landlord is required to inspect a unit at the tenant’s request to identify any existing repair problems in order to avoid money being taken out of the security deposit.

According to Minnesota law, identifying problems at the beginning of a lease should help determine whether the tenant caused any damage through willful, malicious, or irresponsible conduct – which could result in deductions from a security deposit – or whether the damage was preexisting.

Upon move-out, a property owner is required to conduct an inspection within five days of the lease end date, if the tenant requests one, to allow the tenant to correct any damages caused during their residency and avoid deductions from their security deposit.

The tenant also has the right to be present for either inspection.

Lease terminations, renewals

If there is no mention of a lease termination length in a rental agreement, the lease is considered periodic, or month-to-month.

A periodic tenancy can be continued until it is ended by either the landlord or the tenant, with either being required to give a notice that has been agreed to.

If the lease does not specify a notice requirement, Minnesota state law requires a written notice at least one full rental period, plus one day, before the tenancy ends. For example, someone who wants to leave at the end of June would have to give written notice no later than May 31.

But in 2024, a landlord will no longer be allowed the option to terminate a lease by giving 14 days’ notice if a tenant refuses to pay rent.

A new law will also prohibit a property owner from filing an eviction action in court for non-payment of rent unless they first give the tenant a detailed written notice of an intention to file 14 days beforehand.

When renewing a lease, beginning in 2024, a landlord will no longer be allowed to force a tenant to renew lease terms more than six months before a lease is over.

Fees

Landlords will now need to disclose to potential tenants all non-optional fees as part of their lease.

The sum of the total rent, and all mandatory fees, must be described as the "Total Monthly Payment" and be on the first page of a lease, with optional fees that the tenant will be required to pay in addition to this payment disclosed as well.

Whether or not utilities are included in the rent, must also be present within the terms of a lease agreement.

A property owner who violates this law would be liable to the tenant for damages and attorney fees.

Privacy

Adding to a renter’s privacy, a new revision to state law requires a tenant be notified at least 24 hours in advance of any entry by a landlord, while also limiting the time frame for entrance between 8:00 a.m. and 8:00 p.m. However, a tenant can allow their landlord to enter with less notice, if they agree to it.

If the notice is violated, a tenant can take the property owner to court to break their lease, recover their damage deposit and receive a civil penalty of up to $500 per violation.

However, a property owner can still enter a residence without notice if it's necessary to prevent injury to people or property because of conditions relating to maintenance, building security, or law enforcement; when immediate entry is necessary to determine a tenant’s safety; and when immediate entry is necessary to comply with state law or local ordinances.

Heat

A landlord will be required to heat a unit at a minimum temperature of 68 degrees from Oct. 1 through April 30, beginning in 2024.

The Minnesota Legislature has also developed the Cold Weather Rule to protect a tenant or homeowners from having their heat source permanently disconnected during the same time frame if they have been unable to pay their utility bills.

While the rule does not explicitly prohibit shut-offs, it says a utility must remain reconnected for a customer whose household income is at or below 50% of the state median income – if the customer enters into and makes, "reasonably timely payments under a mutually acceptable payment agreement."