Bryan Battina typically represents landlords in lease drafting and review, eviction actions, damage claims and defense of habitability, retaliation and discrimination claims. Mr. Battina is also a licensed Minnesota real estate broker.
Minnesota law details the legal rights and responsibilities of both landlords and tenants. In particular, Minnesota offers a variety of protections to tenants, including provisions regarding:
- The collection and return of a security deposit
- The landlord’s responsibility to keep the unit fit for habitation
- The landlord’s duty to notify a tenant before entering the unit
- Procedure when either party ends or renews the lease
- Prohibitions on landlord discrimination or retaliation against tenants
The following provides a brief overview of Minnesota’s tenants’ rights laws.
| Statutes |
Minnesota Statutes Chapter 504B |
| Security Deposits |
- Minnesota law does not limit the amount that a landlord can require as a security deposit
- Within 21 days of the end of a tenancy, a landlord must return the remainder of the security deposit and simple interest or a written explanation of why security deposit is being withheld
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| Paying Rent |
- Rent is owed as set forth in the lease
- A landlord can increase rent for periodic lease at any point after giving notice, typically the rental period plus one day
|
| Living Conditions |
- Landlord required to keep premises fit to live in and in “reasonable repair”
- Typically, a landlord can only enter the unit for “reasonable business purpose” after making a good faith effort to give tenant proper notice; violation of this law entitles the tenant to up to $100 per violation
- If a landlord refuses to make repairs, a tenant can bring an abatement action for the return of rent
- A tenant can also withhold rent until repairs are made
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| Discrimination |
- A landlord cannot refuse to sell, rent, or lease on the basis of race, religion, national origin, gender, public assistance status, sexual orientation, disability, or familial status
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| Ending or Renewing a Tenancy |
- A periodic tenancy (one that runs from one rental period to the next, typically month-to-month) can be terminated with proper notice as defined by the lease
- A definite term lease (one for a set duration of time) is typically written contains terms regarding notice necessary to terminate a lease
- Definite term leases may contain automatic renewal clauses
- Tenants who vacate a unit in winter must give at least 3 days’ notice to landlords to avoid pipe freezing; a tenant’s failure to do so is a misdemeanor
- A landlord can initiate eviction proceedings for nonpayment of rent, breach of lease, or illegal tenant activity
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| Retaliation |
- A landlord may not evict a tenant or end tenancy in retaliation for tenant’s good faith exercise of tenant rights
- A landlord cannot raise the rent, cut services, or adversely change rental terms in retaliation against a tenant
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