New Minnesota Tenant-Landlord Laws Enacted During the 2023 State Legislative Session
Notice Before Nonpayment Evictions (January 1, 2024)
Problem: Landlords could file an eviction a day after rent was due with no prior notice.
Landlords must issue a 14-day written notice before filing evictions for non-payment of rent, which account for approximately 90% of evictions. This notice must, among other things, state how much is owed, will provide tenants with more preparation time, and align Minnesota's tenant protections with those in other states. Further, cities can enact & enforce stronger pre-eviction notices on a local level.
Eviction Expungement Reform (January 1, 2024)
Problem: Eviction records were permanent, and few were expunged. Evictions can’t be publicly reported until the case is final. (This law was voided on 8/8/23 by a MN Supreme Court Order)
It will be easier to get an expungement and many expungements are mandatory, including all evictions three years old.
Fees Disclosure Requirement (January 1, 2024)
Problem: Landlords are regularly charging fees as a way of hiding the true cost of rent.
Landlords must disclose all non-optional fees on both the front page of the lease and in any advertisements—calling it the ‘Total Monthly Rent.’
Heat Requirement (January 1, 2024)
Problem: There was no standard for a minimum temperature unless the city required it.
Between October 1 and April 30, landlords must maintain a minimum temperature of 68 degrees in rental units.
Privacy Rights Expanded (January 1, 2024)
Problem: Notice to enter had to be reasonable and the penalty was insufficient and hard to get.
Landlords must give a minimum of 24 hours’ notice before entering, the penalty for violations is increased, and tenants can sue after moving and use it as a defense in an eviction action.
Emergency Repair List Expanded (January 1, 2024)
Problem: Repairs that clearly counted as emergencies were very limited.
Repair emergencies will now include a non-working refrigerator, promised air conditioning, serious infestations and a city notice of an intent to condemn the property.
Court Fees Reduced for Emergency Cases (January 1, 2024)
Problem: The high cost of emergency court cases prevented tenants from filing them. Court fees have been reduced from approximately $300 to around $70 for two types of emergency rental housing cases:
Emergency Tenant Remedies Actions and Lockout Petitions.
Ability to End Lease for Medical Issues (January 1, 2024)
Problem: There was no clear right to terminate a lease due to medical issues. In limited circumstances, this law allows a tenant to end their lease early to move into a medical facility with two months’ notice.
Revamp to Eviction Procedural Rules (January 1, 2024)
Problem: Evictions happen quickly, and judges often placed heavy financial burdens on tenants.
Long-needed modernization of the eviction court process will slow down the eviction process, give tenants a better chance at redeeming and providing the tenant with more information and greater protection both in defending the case in district. court and on appeal.
Right to Counsel in Public Housing Breach-of-Lease Evictions (August 1, 2023)
Problem: There is no right to representation and most tenants must represent themselves. A tenant in public housing is entitled to free representation in a breach of lease case.
No Pet Declawing and Devocalization Allowed (January 1, 2024)
Problem: A landlord can require declawing or devocalization as a condition of having a pet. If a landlord accepts pets, they won’t be able to require either declawing or devocalization.
Right to Move-in and Move-Out Inspections (January 1, 2024)
Problem: There was no right to have move-in or move-out inspections. Tenants have a right to request both a move-in and a move-out inspection, minimizing security deposit disputes about
damages.
No Forced Early Lease Renewals (January 1, 2024)
Problem: Landlords were requiring tenants to resign leases just months after moving in. Landlords can’t force the tenant to renew the lease more than 6 months before the lease is over.
Limitations on Crime-Free Ordinance Lease Provisions (June 1, 2024)
Problem: Landlords tried to evict tenants for any minor crime committed anywhere. Landlords can’t evict a tenant for committing most crimes if the crimes were committed somewhere other than on the
property.
Cannabis (effective dates vary, change to mentioned tenant/law on Aug. 1, 2023)
Problem: Modernizing Minnesota law to public perception about cannabis use
There are vast changes to laws about cannabis possession and use, but probably the most important in landlord/tenant relations is that the landlord can’t prohibit tenants from possessing cannabis in their home. The landlord can still prohibit smoking/vaping.
Renters’ Credit Redesign (one-time increase in 2023, changes to tax filings in 2025)
Problem: This income-targeted property tax credit/refund is not taken by all eligible households.
First, an automatic one-time increase in the credit for rent paid in 2022 (this year’s taxes). Next, for rent paid in 2024 (2025 tax filings), the regular state income tax filing process will be used to apply (not a separate property tax filing). Lastly, Adjusted Gross Income will be used, making the filing process easier and increasing the amount in many cases. These changes mean more renters will apply and many will receive an increased credit.