Episode 191: Location-Specific Tenancy Guidance for Minnesota
Summary
Today’s location-specific episode features Minnesota. We explore the overview of the housing guiding document called Minnesota Landlord-Tenant Laws. Each of my location-specific podcasts is set up the same way answering the same four questions:
1) What are the basics of the Minnesota Landlord-Tenant Laws
2) What are the nuances of this location – what is different that stands out?
3) Some guidance about abandoned items left behind by a tenant in a rental inMinnesota
4) Where to get help in your local area in Minnesota.
Then I’ll go through what I call my “Bingo Card” of standard items I see most often in tenancy laws in different locations. This episode is NOT all inclusive – you must research further in your specific area including your County, Regional District, Parish, City or any other Governing Body that involves your rental location, but today’s episode will get you started!
This episode includes resources for Minnesota including:
Listen to the full episode :
This Week’s Blog Post:
Welcome to My Life As A Landlord, where we educate curious US and Canadian landlords, answer rental questions, and clear up confusions about all things housing. I'm your host, Doctor Jennifer Salisbury, and today we're diving deep into the location-specific tenancy guidelines for Minnesota.
Getting Started with Minnesota Landlord-Tenant Law
Each of my location-specific podcasts is set up the exact same way, answering the same four questions. What are the basics in landlord tenancy law? What stands out? What do you do with abandoned items when a tenancy goes sideways and the tenant departs or gets imprisoned or dies or something happens and you end up with their stuff? And lastly, what do you do when you need help? Where can you just go to start in Minnesota? I gotta tell you, this is not the end all be all of anything. This will get you started, but you've got to do your own research. You've got to do your own guidance, especially because you know where your rentals are. Even if I'm 1,000% correct as of the time of this recording, as soon as I finish five minutes later, the laws could all change. But this will at least get you started and give you some guidance.
Key Requirements and Disclosures in Minnesota
Minnesota has some really interesting requirements that stood out to me as I went through the Attorney General Keith Ellison's Office resources. First, let's talk about screening fees and pre-lease fees. A landlord must disclose in writing what the fee is for, and you can't just be collecting fees knowing that you don't have a vacancy or knowing that someone is going to be rejected. Additionally, a landlord must not deny a rental application solely because the prospective tenant provided an individual Taxpayer Identification number instead of a Social Security number. That's interesting. Minnesota law does not set a limit for the amount that the landlord may require for security deposit, but some cities, like Minneapolis, have an ordinance that set the limit on the amount. At the end of the tenancy, the landlord must return a tenant security deposit plus interest of 1%, and they must do this within 21 days after the tenancy ends, provided that the tenant has given the landlord a forwarding address. If the landlord does not return the deposit or provide an explanation in the time allowed, basically you're paying double.
The Cold Weather Rule and Unique Minnesota Requirements
One thing that really caught my attention was the Cold Weather Rule. This is really interesting. Minnesota legislature developed the cold weather rule to protect a tenant or homeowner from having their heat source permanently disconnected in the winter, which is considered October 15th through April 15th if they are unable to pay their utility bills. The cold weather rule is implemented by the Minnesota Public Utilities Commission and provides that the utility may not be disconnected and must reconnect a customer whose household income is either at or below 50% of the state median income if the customer is actually trying. There's also a three day notice during winter requirement. Tenants who vacate their units between November 15th and April 15th must tell their landlord they're vacating at least three days prior to them moving, which allows the landlord time to take steps to make sure the pipes don't freeze. The tenants failure to notify the landlord is a misdemeanor. I don't see that here on Maui. Another unique requirement is that landlords must supply heat at a minimum temperature of 68°F from October 1st to April 30th.
Abandoned Property and Landlord Retaliation
When it comes to abandoned property in Minnesota, in cases where tenants property is left behind when either the sheriff or police officer, maybe a bailiff is removing the tenant, the landlord must make an inventory of the property and have it signed and dated in the presence of the sheriff. A copy of the inventory must be mailed to the tenant at the tenant's last known address. The landlord must remove, store and take care of the personal tenant's property for 28 days. That's how this works. When you're talking about abandonment, it's always what's the notified period and what's the storage period. Well, notified period looks like immediately, and then the storage period is 28 days. Now, when we're talking landlord retaliation, this is how places define a landlord basically trying to get back at a tenant for typically turning them in for code violations, forming a tenants union or something. In Minnesota, it is within 90 days of the tenant's action. The law presumes that if the landlord is retaliating, if within 90 days of the tenant's action, the landlord starts an eviction action or gives tenants a notice to vacate, that it will be up to the landlord to prove the eviction is not retaliatory.
Resources and Final Thoughts
I went through five different PDFs and hyperlinks specifically for Minnesota landlord tenant laws, and wow, they have a ton of resources. There's the Attorney General's office brochure, Legal Aid services, Law Help Minnesota with tons of fact sheets, and probably 20 or more places that you can start calling if you've got questions. Minnesota really has well done resources available. If you don't know where to start, pick up the phone and call 211. This episode is not all inclusive. You must research further in your specific area, including your county, regional, district, city, or any other governing body that involves your rental location. But today's episode will get you started. Read the Minnesota Landlord Tenant Laws, check out your local meetup group in your city, and jump on social media or if your local area has a next door, jump on there and ask where landlords are getting together. I hope you enjoyed today's show all about Minnesota. Real estate takes you places. Where do you want real estate to take you?