Residential Landlords Should Be Aware of Significant Changes to Minnesota Landlord/Tenant Law

The recently concluded Minnesota legislative session resulted in a historical amount of legislation across a variety of topics. One of these was a residential landlord-tenant law. The legislature enacted a number of tenant-friendly provisions, most of which will take effect on January 1, 2024. Some of the more important changes include the following:

• A landlord is required to disclose all “non-optional fees” on the first page of the lease agreement. The legislation does not, however, define “non-optional fees.” Accordingly, landlords should err on the side of caution when describing any amounts tenants will be required to pay.
• Landlords are now required to give written notice to tenants of the option to request inspection of their units both at the beginning and end of their tenancy. A landlord must notify tenants within 14 days of occupying the unit that the tenant may request an inspection for purposes of identifying existing deficiencies in the rental unit to avoid later deductions to the security deposit. Similarly, within a reasonable time after notification of an intent to terminate the tenancy or before the end of the lease term, the landlord must also notify the tenant of their option to request a move-out inspection.
• Landlords wishing to enter a rental unit must give no less than 24 hours’ notice and must also specify a time or anticipated time of entry between the hours of 8:00 a.m. and 8:00 p.m.
• For any rental unit that does not have an individual thermostat, the landlord must maintain a minimum temperature of 68 degrees Fahrenheit from October 1 through April 30.
• The legislature expanded tenants’ rights to seek emergency relief from the courts to situations where refrigerators, air conditioning and elevators stop working.
• The legislature also expanded tenants’ ability to terminate their lease to include situations where a tenant is required to enter an assisted living or similar facility.
• The legislature has expanded the amount and type of information that must be included in eviction summons and complaints. Accordingly, landlords will need to update their eviction forms.
• Minnesota tenants have long had a “right of redemption” pursuant to which they could remain in possession of their units by paying past due rent amounts. The legislature has now expanded this redemption right to include not only monetary payment, but also written guaranties of payment from governmental agencies or 501(c)(3) tax-exempt entities that administer a rental assistance program.
• In the past, eviction trials were to be scheduled within six days of the initial appearance. This statutory provision has been amended to allow for scheduling at a date “that allows for a fair, thorough and timely adjudication of the merits of the case, including the complexity of the matter, the need for the parties to obtain discovery, the need for the parties to ensure the presence of witnesses, the opportunity for the defendant to seek legal counsel and raise affirmative defenses, and any other extenuating factors . . .”
• Courts hearing eviction actions may no longer require tenants to pay money to the court, post a bond, make payment directly to a landlord, or post other security. A court may still, however, require the posting of security if the “final disposition” of the eviction action may be delayed for more than 10 days.
• The Legislature also expanded the ability of tenants to expunge the record of eviction actions. Tenants will be entitled to an expungement if: (i) they prevail on the merits of the eviction action, (ii) the court dismisses the plaintiff’s complaint for any reason, (iii) the parties have agreed to an expungement, (iv) three years have elapsed since the eviction was ordered, or (v) the case was settled and the tenant complied with the settlement terms.