Groundbreaking New Tenant Protections Enacted into Law!

Updated 8/10/23

Good news, Minnesota renters! Over the next year, many new tenant protections HOME Line advocated for at the Minnesota Legislature will become state law. All of these new tentative laws were informed directly by our clients and the legal issues that renters regularly seek advice about on the tenant hotline. As a person impacted by these issues, thank you if you assisted in our grassroots advocacy, and know that your advocacy made a difference! Also, thanks to all the allied organizations (especially the Homes for All Coalition), organizers, advocates, interns, elected officials, and legislative staff who helped advance the new protections. Special thanks go to our legislative champions: Sen. Oumou Verbeten, Rep. Agbaje, Sen. Pha, Rep. Hassan, Rep. Her, and, of course, Chair Port, and Chair Howard. We also want to thank the Walz administration as several of these provisions (pre-eviction protections and expungement reform) were strongly supported by the Governor and Minnesota Housing.

Now for the good news: on May 19th Governor Walz signed the bill that includes most of these new laws, so this will be the most substantial change in Minnesota tenant/landlord law in a single session of the Legislature in the 165-year history of the state. Here are HOME Line’s policy priorities that just passed the Minnesota Legislature (unless otherwise noted, these laws will become effective 1/1/24):

• Pre-Eviction Protections: Landlords must give their tenants 14 days’ written notice before filing an eviction action for nonpayment against them in court. Cities are allowed to enact and enforce their own stronger pre-filing notice requirements.

• Expungement Reform: Eviction expungements become much more accessible in several situations, when: 1) the tenant prevails; 2) the case is dismissed; 3) the parties agree to expungement or upon request of the tenant if the case is settled and the tenant fulfills the terms; 4) the eviction was ordered three or more years ago. Further, evictions are prohibited from being reported in public court records until a court judgment is made for the landlord (note: this law was voided on 8/8/23 by a MN Supreme Court Order).

• Transparency in the cost of housing: Requires landlords to disclose non-optional fees (along with the rent) on the first page of the lease as well as in any advertisement or posting of a unit for a residential tenancy. 

• Stronger Privacy Rules: Requires 24-hour notice from landlords before entering a tenant’s apartment unless the tenant and landlord agree otherwise. The landlord must specify a time or anticipated window of time of entry and may only enter between 8 AM and 8 PM unless the landlord and the tenant agree to an earlier or later time.

• End a lease when medically necessary: Allows tenants to break their lease with a 2-month notice if certain medical conditions—determined by a medical professional—require them to move. 

• Statewide Heat Code Minimum: Sets a standard statewide 68 degrees Fahrenheit heat minimum in apartments from October 1 to April 30 if the tenant does not control the heat. 

• Emergency Repairs: Expands the category of emergency repairs (for which court proceedings are expedited) to include, but not be limited to: 
  • no working refrigerator; 
  • no working air conditioning (if the rental was advertised as having air conditioning and included it in the lease); 
  • serious infestations;
  • non-working elevators (if included in the lease);
  • Notice of Intent to Condemn; or,
  • loss of any conditions, services, or facilities that pose a serious and negative impact on health or safety.

• Reduced Court Fees: Emergency Tenant Remedies Action / Lockout petition filing fees will be the same as the lower small claims court filing fee, making it more accessible for tenants facing serious and immediate housing repairs.

Additionally, several more tenant/landlord policy changes are included in the bill:

• Multiple detailed changes to formal court eviction procedures.
• Regulation of pet declawing/devocalization in rental housing.
• Required move-in/out inspections concerning security deposits.
• Provision of the right to counsel in public housing breach of lease eviction cases (note: this will be effective 8/1/23)
• Guidelines for landlords who require certain types of early lease renewals.
• Limitations on harmful crime-free lease provisions and penalties (note: this will be effective 6/1/24).

Of course, it’s difficult to win on everything. Unfortunately, a coalition effort to make it illegal to discriminate against renters who have a housing subsidy to help them pay rent did not pass at the Legislature this year. Legislators, advocates, organizers, and (most importantly) people impacted are gearing up for a successful campaign to enact this critically important protection against discrimination in 2024. HOME Line also is planning wide-ranging proposals for further tenant protections in 2024.

HOME Line was also part of a coalition of organizations, led by the Minnesota Budget Project, that worked to secure a Renters Credit Expansion. A proposal to make applying for the Minnesota Renters Credit part of the state income filing process was included in the tax bill. This proposal could lead to an estimated 119,000 additional currently eligible renter households who don’t claim the credit to begin doing so. More info to come soon about what policies impacting renters were included in this bill.

So what does this mean for Minnesota renters and landlords? What do I need to know?

None of this is law just yet—most of the policies will become effective on January 1, 2024. HOME Line is planning a series of public education seminars and other efforts to get the word out about all of these new renters’ rights. We will announce the details after Governor Walz signs the bill—keep an eye out for our next HOME Line Connection newsletter (sign up below!) and watch for updates on this page of our website. If you wish to read the legislation yourself, see the tenant/landlord policy language in Minnesota Session Laws 2023 Regular Session, Chapter 52, Article 19, Parts F through J (if you open that page and search for “Tenant’s Rights” it will locate the beginning of part F).