Minnesota Residential Lease Agreement

A residential lease agreement is a legally binding contract between a landlord and tenant that sets forth the terms of renting a residential property in Minnesota. This template includes the disclosures and provisions required under Minnesota Statutes Chapter 504B and other applicable laws.

Minnesota landlord-tenant law includes many tenant protections that cannot be waived by contract. Any lease provision that attempts to waive a tenant’s statutory rights is void and unenforceable, regardless of whether the tenant signed it.

When to Use This Template

• You are a landlord renting a residential property in Minnesota (house, apartment, townhouse, duplex, room)
• You are a tenant who wants to understand what should be included in a lease before signing
• You need a lease that complies with Minnesota Statutes Chapter 504B ( Minn. Stat. Chapter 504B )
• You are renewing a lease and want to update it to comply with current law

How to Use This Template

1. Download the template in your preferred format (PDF or DOCX).
2. Fill in the landlord’s full legal name and address. For property management companies, include the company name, the property owner’s name, and an address for service of legal notices.
3. Fill in the tenant’s (and any co-tenant’s) full legal name(s).
4. Describe the property with the full street address, unit number, and any included parking spaces, storage units, or other amenities.
5. Set the lease terms:
   • Start date and end date (or month-to-month terms)
   • Monthly rent amount and due date
   • Acceptable payment methods
   • Late fee amount and when it applies (if any)
   • Grace period (if any)
6. Specify the security deposit amount. Review the security deposit rules below.
7. Complete all required disclosures (see the Required Disclosures section below).
8. Review and customize provisions regarding utilities, maintenance, pets, guests, and other house rules.
9. Both parties sign and date the agreement. The landlord must provide the tenant with a signed copy.

Required Disclosures Under Minnesota Law

Minnesota law requires landlords to make the following disclosures in or with the lease:

Landlord Identity and Address ( Minn. Stat. § 504B.181 )

The lease must include:

• The name and address of the person authorized to manage the property
• The name and address of the owner or an agent authorized to accept service of legal documents and receive notices and demands
• The name and address of the person authorized to make repairs

Outstanding Inspection Orders ( Minn. Stat. § 504B.195 )

Before signing the lease, the landlord must disclose:

• Any outstanding inspection orders from the city or county
• Any citations for housing code violations that have not been corrected
• The date of the last inspection, if known

Lead Paint Disclosure (Federal Law)

For housing built before 1978, federal law (42 U.S.C. 4852d) requires the landlord to:

• Provide the EPA pamphlet “Protect Your Family From Lead in Your Home”
• Disclose any known lead-based paint or lead hazards
• Provide copies of any lead-based paint inspections or risk assessments
• Include a lead paint disclosure form signed by both parties

Covenant of Landlord Not to Interrupt Utilities ( Minn. Stat. § 504B.221 )

The landlord may not intentionally interrupt utility services (water, heat, electricity, gas) to the property, regardless of what the lease says. This protection exists whether or not it is stated in the lease, but it should be included for clarity.

Right to Know ( Minn. Stat. § 504B.151 )

If a landlord uses screening criteria (credit checks, criminal background, rental history) to evaluate rental applications, the landlord must provide written notice of the criteria used.

Security Deposit Rules

Minnesota has strict rules governing security deposits. These rules cannot be overridden by the lease.

Maximum Deposit ( Minn. Stat. § 504B.178 )

• The security deposit generally cannot exceed one month’s rent for residential property
• A landlord who collects a security deposit must deposit it in a financial institution and may commingle it with the landlord’s own funds

Return of Deposit ( Minn. Stat. § 504B.178 )

After the tenant moves out, the landlord must:

• Return the deposit within 21 days with interest (if applicable)
• Provide an itemized written statement of any deductions, along with receipts for any repairs
• Deductions are limited to: unpaid rent, damage beyond normal wear and tear, and other amounts permitted by the lease

Bad Faith Penalties

If a landlord withholds a security deposit in bad faith, the tenant may recover:

• The full amount of the deposit, plus
• Up to $500 in punitive damages, or the portion wrongfully withheld, whichever is greater, plus
• Interest at 1% per year on the deposit

Minnesota Tenant Rights That Cannot Be Waived

The following tenant protections apply regardless of what the lease says:

Covenant of Habitability ( Minn. Stat. § 504B.161 )

The landlord must maintain the property in reasonable repair and keep it fit for the use intended by the parties. This includes:

• Structural integrity (roof, walls, floors, foundation)
• Plumbing, heating, and electrical systems in working order
• Adequate weatherproofing
• Compliance with housing, building, and fire codes
• Running hot and cold water
• Reasonable security measures (functioning locks, smoke detectors)

A tenant cannot waive the covenant of habitability, even by signing a lease that says otherwise.

Retaliatory Conduct Prohibited ( Minn. Stat. § 504B.285 )

A landlord may not retaliate against a tenant for:

• Reporting housing code violations to authorities
• Exercising any legal rights under landlord-tenant law
• Joining or organizing a tenant association
• Testifying in court or in an investigation related to the property

Retaliation includes raising rent, reducing services, or attempting to evict the tenant.

Domestic Abuse Protections ( Minn. Stat. § 504B.206 )

A tenant who is a victim of domestic abuse, criminal sexual conduct, or stalking may:

• Terminate the lease early with proper notice
• Request that the locks be changed
• Not be penalized for calling police for protection

Right to Essential Services ( Minn. Stat. § 504B.221 )

A landlord may not intentionally interrupt water, heat, electricity, gas, or other essential services, even if the tenant owes rent.

Rent Payment and Late Fees

Rent Payment

• Rent is due on the date specified in the lease (typically the 1st of the month)
• The lease should specify acceptable payment methods
• A landlord who receives a rent payment must provide a receipt if requested

Late Fees ( Minn. Stat. § 504B.177 )

Minnesota law caps late fees and requires:

• Late fees are only permitted if the tenant and landlord agreed in writing
• The agreement must specify when the late fee will be imposed
• The maximum late fee is 8% of overdue rent (statutory cap as of 2024)
• For tenants receiving housing assistance (Section 8, etc.), the late fee is calculated only on the tenant’s portion of rent

Returned Check Fees

A landlord may charge a fee for a returned (bounced) check. Minnesota law limits returned check fees to $30 or the actual costs, whichever is greater ( Minn. Stat. § 604.113 ).

Eviction Rules

A landlord cannot evict a tenant without following the legal process. Self-help eviction (changing locks, removing belongings, shutting off utilities) is illegal in Minnesota.

The eviction process requires:

1. Proper written notice to the tenant (the type and length of notice depends on the grounds for eviction)
2. Filing an eviction action (unlawful detainer) in district court if the tenant does not voluntarily leave
3. A court hearing where both parties can present their case
4. A court order (writ of recovery) before the tenant can be removed

For more information, see:

Common Mistakes to Avoid

1. Omitting required disclosures. The landlord identity disclosure is required by law and failure to include it has specific penalties.
2. Charging an excessive security deposit. The deposit generally cannot exceed one month’s rent. Collecting more can subject the landlord to penalties.
3. Including unenforceable provisions. Lease clauses that waive the covenant of habitability, allow self-help eviction, or waive other tenant protections are void.
4. Not providing a signed copy to the tenant. The tenant is entitled to a copy of the signed lease.
5. No written inspection report. Without documentation of the property’s condition at move-in, security deposit disputes become difficult to resolve.
6. Forgetting the lead paint disclosure. For pre-1978 housing, failing to provide the required lead paint disclosure can result in significant federal penalties.
7. Unclear late fee terms. If the late fee is not clearly stated in the lease, the landlord may not be able to charge one.
8. Not addressing utilities clearly. Specify which utilities the landlord pays and which the tenant pays. If the property has shared utilities, explain how costs are divided.

Related Resources

Tenant Rights for Rental Problems in Minnesota

• Minnesota Attorney General - Landlords and Tenants: Rights and Responsibilities – comprehensive guide published by the Attorney General
• HOME Line – free tenant hotline: 612-728-5767
• HousingLink – rental housing search and resources