Minnesota Apartment Lease Agreement
A Minnesota apartment lease agreement is essential for renters and landlords to understand. It spells out the terms of interaction between both parties during the tenancy and protects their rights. This agreement also delineates duties and remedies for a trouble-free stay.
Legal Aspects
This document must contain provisions from the state’s rental laws as a binding contract. This ensures that involved parties are on amicable terms. You’ll find the following sections outlined in aMinnesota apartment lease agreement.
Security Deposit
- Maximum amount: No maximum limit is specified for the amount a landlord can charge as a security deposit in Minnesota.
- Interest on security deposit: Landlords must pay interest on the security deposit at a rate of 1% per annum.
- Return of security deposit: The landlord must return the deposit or provide a written statement showing the specific reasons for withholding any portion of the deposit within:
– Three (3) weeks after the termination of the tenancy, or
– Five (5) days after the tenant leaves due to legal condemnation of the building or dwelling not caused by the tenant’s willful, malicious, or irresponsible conduct.
- Permissible deductions: The landlord may only withhold amounts reasonably necessary for:
– Unpaid rent or other funds due to the landlord as per the agreement
– Restoring the premises to their condition at the start of the tenancy, excluding normal wear and tear
- The burden of proof: In any legal action concerning the security deposit, the burden of proving the reason for withholding any portion of the deposit falls on the landlord.
- Damages for non-compliance: If the landlord fails to provide a written statement, transfer the deposit, or provide proper inspection notices, the landlord is liable to the tenant for damages equal to the withheld deposit amount plus interest.
Entry Access
- Landlords can enter rented premises only for reasonable business purposes and with 24-hour advance notice unless the tenant agrees to less notice.
- Entry must be between 8 am and 8 pm unless agreed otherwise.
- Reasonable purposes include showing the unit to prospective tenants/buyers, performing maintenance and inspections, dealing with disturbances or lease violations, and entering vacant units.
- Landlords can enter without prior notice if they reasonably suspect immediate entry is needed to prevent injury, determine tenant safety, or comply with laws on unlawful activity.
- If entering without the tenant present, the landlord must leave a written disclosure.
- Violations can result in rent reductions, security deposit recovery, civil penalties of up to $500 per violation, and attorney’s fees.
Pets Policy
- Service and support animals: Landlords in Minnesota can’t prohibit tenants with disabilities from using assistance animals. They also can’t charge pet fees.
- Reasonable accommodation: Tenants must request exceptions to pet restrictions, describing the animal’s supportive role related to their disability. Reliable documentation can be required.
- Denial reasons: Requests may be denied only if animals threaten health/safety or would cause undue administrative/financial burden or property damage.
- Local laws: Tenants with assistance animals must still comply with licensing, immunization, exotic pet prohibitions, and multi-animal ordinances.
Disclosures
When filling in a Minnesota apartment lease agreement, tenants must look for the following disclosures:
- All non-optional fees must be disclosed in the lease and listed as the Total Monthly Payment on page one.
- Names of all authorized persons, including the landlord.
- Inspection and Condemnation Disclosure.
- A financial distress disclosure if the property is pending any foreclosure.
- A covenant not to allow illegal activity.
- A lead-based paint disclosure if the property was built in 1978 or earlier.
- You must include a shared utilities disclosure if the building only has one meter for multiple units.