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Minnesota Statutes
Landlord-tenant Statute, Chapter 504B
Manufactured Home Statute, Chapter 327C
Selected Minnesota Landlord-Tenant Cases
This website reprints in electronic form the following three important cases:
- Strupp v. Canniff, 276 Minn. 558; 150 N.W.2d 574 (1967)
- Oesterreicher v. Robertson, 187 Minn. 497, 245 N.W. 825 (1932)
- Fritz v. Warthen, 298 Minn. 54, 213 N.W.2d 339 (1973)
The following link is to a copy of a case setting out the Minnesota rule on liquidated damages, including late fees as liquidated damages. The part printed in blue is the statement of the legal rule:
The following link is to a copy of a case dealing with a type of waiver created by repeated acceptance of late payments:
The following link is to a copy of a case holding that by going bankrupt a Minnesota landlord does not discharge his duty to return the security deposit to his residential tenant.
The following link is to a copy of the Minnesota case holding that a sale of premises by the landlord does not end the lease. Rather the lease transfers to the buyer and both tenant & buyer/new landlord must honor the lease. The parts printed in blue state the legal rule.
Changes in Minnesota Landlord and Tenant Law as of Aug. 1, 2008
504B.151
Before entering into a lease or accepting a security deposit, the landlord must notify the tenant in writing if he/she has received a notice for cancellation of contract for deed or foreclosure and the date on which the redemption period ends.
A landlord who has received a notice of deed cancellation or foreclosure may only enter into a periodic lease agreement of a term of not more than two months (or the time remaining in the contract cancellation period or the mortgager’s redemption period, whichever is less).
504B.178
A tenant may use his/her deposit as payment for rent of the last month of a contract for deed cancellation or mortgage foreclosure period.
504B.285
A person entitled to possession may evict existing tenants after the redemption period as long as the tenant entered into the lease after the date of the notice of mortgage foreclosure or contract for deed cancellation and prior to the expiration of time for redemption or termination, and the person has received a two month written notice to vacate no sooner than one month after the expiration of the redemption period. OR At least two months written notice to vacate no later than the date of the expiration of the time for redemption, provided the notice also states that the sender will hold the tenant harmless for breaching the lease if the mortgage is redeemed.
504B.215
Shared meters - if a building is posted, the posting must be placed in a conspicuous location in the building and provide tenants with, at minimum the following information:
1. date the service will be discontinued
2. telephone number to call at the utility to obtain further information
3. a brief description of the right of tenants under this section to continue or restore service
4. advice to consider seeking assistance from a tenant advocate such as Home Line
In the case of natural gas or electric, if the landlord has not paid the bill by the time of the tenant’s intended payment, or if service remains discontinued, the tenants may pay the current charges for the most recent billing period, and the utility company must restore service for at least one billing period. In a residential building of less than five units, one of the tenants must become the bill payer and take the account in his/her name.
In the case of water, if the landlord has not paid the bill by the time of tenant’s intended payment or if service remains discontinued , upon request from the tenant, municipality must provide a copy of each bill the landlord fails to pay.
The tenant:
1. has a continuing right to pay the current charges for the most recent billing period and retain service
2. has the period of time provided by the ordinance to pay the charges
3. is not subject to any deposit requirements
4. is entitled to notice of disconnection
The term “current charges” does not include arrears or late payment fees incurred by the landlord.
After submitting documentation to the landlord of the tenant’s payment to the utility company, the tenant may deduct the amount from his/her rent. Any amount paid to the municipality, utility company, or other company by a tenant under this subdivision is considered payment of rent to the landlord.