HOME Line Policy Blog

Ask your legislator to support the Minnesota Tenants’ Bill of Rights.  To find out who your legislator is, click here

1. The right to a warm home: During a cold weather period of October 1st to April 30th, your apartment should be heated to 68 degrees Fahrenheit or you should be able to control a thermostat capable of heating your apartment to that temperature.
2. The right to a well-maintained home: If your landlord does not respond to the need for an emergency repair promptly, you should be able to do so and deduct the cost from your rent.  Additionally, you should have the right to go to court promptly to address repairs and a choice to break your lease if the landlord does not address the repairs.
3. The right to an affordable, fair, and open application process: You should know how the landlord will judge your application before you apply for an apartment; and, if you are rejected, you should be told why.
4. The right to an affordable security deposit and late fees: Your security deposit should be no more than 1 month’s rent (1 and 1/4 month’s rent if you own a pet).  In addition, your landlord should not be able to assess a late fee for rent due unless a grace period of 5 days has passed.  There should be a standard and affordable cap on late fees.
5. The right to a receipt for rent paid: If you pay your rent with cash or a money order, your landlord should provide you with a receipt.
6. The right to a fair division of utility charges: If the landlord charges for heat, electricity, or water in addition to your rent, you should pay according to a fair estimate of what you actually used.
7. The right to correct a problem before your landlord files an eviction in court: Your landlord should tell you if you have broken the lease and give you a chance to correct the problem before s/he files an eviction in court.
8. The right to fair treatment in a legal dispute with a landlord: 1) Both you and your landlord should have the same amount of time to correct a problem before the issue goes to court.  2) If your landlord fails to meet the obligations provided for in your lease, you should be allowed to end the lease.  3) You should have legal fees covered if you win a legal dispute with your landlord, if your landlord has the same right.  4)  An eviction should only appear on your rental history when the landlord wins in a legal proceeding.
9. The right to move in the case of a severe illness or disability: If your doctor tells you that you must move into a facility because of a medical condition, you should be able to break the lease with one month’s notice.
10. The right to fair treatment in the case of landlord going into foreclosure: If your landlord goes into foreclosure, you should be able to break the lease.  If you decide to stay in your apartment, your lease should be honored by any future buyer.

Legislation Moving Forward

The following four bills are progressing in the Minnesota Legislature to provide additional protections to Minnesota renters.  While the legislation is pretty complex, there is a simple message we encourage you to tell your legislator:

Support the Minnesota Tenant Bill of Rights.  HOME Line and Legal Services Advocacy Project are advocating for four bills that would give tenants more security in their homes, keep apartments warm and well-maintained, and level the playing field in disputes between tenants and landlords.  Support the following bills (give your legislators the bill numbers in bold):

House File 2668 / Senate File 2595

• Hearing on Motion:  Requires the court to hear a motion for expungement at the same hearing in which the eviction case is heard

• Statewide Winter Heat Standard:  Requires landlords to ensure units are heated to a minimum of 68 degrees from October 1 – April 30.
• Reciprocal Recovery in Actions for Breach of Covenants:  If the lease obligates tenants for attorneys’ fees if the landlord sues and wins on a breach by the tenant, then landlords would be equally be obligated for attorneys’ fees if the tenant sues and wins on a breach by the landlord.
• Application/Screening:  Requires landlords to tell tenants what the application criteria is before accepting a screening fee.
• Update of Penalty for Unlawful Withholding of Security Deposit:  Increases from $200 to $500 the fine the landlord must pay the tenant for failure to follow the law governing the return the security deposit.
• Right to Terminate Lease If Property in Foreclosure:  Gives tenants right to break the lease without penalty after the foreclosure sale if the tenant gives 30 days notice.
• Duty to Mitigate:  Establishes a reciprocal duty on the part of both landlords and tenants to use reasonable diligence to mitigate damages on a breach lawsuit.
• Conformance of Notice to Vacate Statute to Federal Law:  Makes Minnesota law consistent with the new federal law governing how long tenants can remain in the property after a foreclosure.

House File 2816 / Senate File 2520

• Apportionment of Utility Charges:  Allows apportionment only if the landlord installs a submeter that meets industry standards or apportions under a new definition that sets forth factors for apportionment (e.g., how many people in the unit, what appliances are in the unit, etc).

• Reporting by Tenant Screening Agencies:  Prohibits tenant screening agencies from reporting cases where there has been no disposition by the court.
• Right of Infirm Tenant to Break the Lease:  Allows a tenant to break a lease without penalty if the tenant must go into a nursing home or other facility because of age/illness, as long as the tenant gives a month’s notice and pays the equivalent of one month’s rent.
• Reciprocal Right to Cure Breach:  Gives tenants the same rights as landlords to cure breaches of lease.  If breach is for nonpayment, gives tenants option to pay up or vacate.
• Reciprocal Filing Periods:  Gives both landlords and tenants seven days to cure all lease breaches.

House File 2829 / Senate File 2640

• Discretionary Expungement:  Gives courts the discretion to expunge an eviction upon a showing by the tenant that there has been a change in circumstances and the eviction case is not a reasonable predictor of future behavior.
• Mandatory Expungement:  Requires courts to expunge evictions cases where the tenant won or where the parties agreed to expungement as part of a settlement.
• Access to Unit by Personal Representative of Deceased Tenant:  Gives the executor of a deceased tenant the right of access to the tenant’s unit.
• Presumption For Expungement if Court Records Destroyed:  Creates a rebuttable presumption in favor of expungement if court files of the eviction case have been destroyed.

House File 2985 / Senate File 2721

• Late Fees:  Caps fees for the late payment of rent (ties to existing rate of 5% for late payment of a bank loan)

• Receipt for Rent:  Requires landlords to give tenants a receipt for rent paid in cash or by money order.
• Cap on Security Deposit:  Limits the amount a landlord can request for a security deposit to one month’s rent (one and one-quarter month’s rent if the landlord accepts pets and the tenant has one).
• Tenant Right to Pay and Deduct for Emergency Repairs:  Gives tenants the right to make a limited list of emergency repairs and deduct the cost from the next rent payment
• Tenant Right to Break Lease if Landlord Violations Not Cured:  Gives tenants the right to break the lease without penalty if, after notice and an opportunity to cure, the landlord does not cure the lease violation.