Minnesota Lease Agreement Template

1. Covenant Prohibiting Unlawful Activities – The following statement must be included in every lease:^[1]

Both the Landlord and Tenant agree that neither shall commit any of the following acts on the Property:

1.) Allow controlled substances in those premises or in the common area and curtilage of the premises in violation of any criminal provision of chapter 152;

2.) Allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the premises or in the common area and curtilage of the premises;

3.) Allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of the premises; or

4.) Allow stolen property or property obtained by robbery in those premises or in the common area and curtilage of the premises; and

5.) The common area and curtilage of the premises will not be used by either the landlord or licensor or the tenant or licensee or others acting under the control of either to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152. The covenant is not violated when a person other than the landlord or licensor or the tenant or licensee possesses or allows controlled substances in the premises, common area, or curtilage, unless the landlord or licensor or the tenant or licensee knew or had reason to know of that activity.

2. Financial Distress (conditional) – If the landlord’s property is being foreclosed upon or a deed of cancellation has been issued, a tenant may not legally sign for more than a two-month period.^[2]

3. Landlord/Manager Information – In the lease agreement, the landlord must disclose the manager authorized to act on the premises and an address for notices.^[3]

4. Lead-Based Paint Disclosure & EPA Pamphlet (conditional) – Federal law requires that all tenants be made aware of lead-based paint that potentially could be on the property if it was constructed before 1978.

5. Outstanding Inspection Orders (conditional) – If the premises have any outstanding inspection orders due to a property code infraction, this information must be relayed to the tenant.^[4]

6. Disclosure of Fees (conditional) – All fees must be mentioned. The sum of the total rent and all fees must be described as the “Total Monthly Payment” on the first page of the lease.^[5]

7. Option for Move-in Inspection (conditional) – If a landlord receives a security deposit, they must notify the tenant of their option to request and conduct an initial move-in inspection. The landlord can either notify the tenant at the start of the tenancy or within 14 days of the tenant’s move-in date.^[6]

8. Service or Support Animals – A landlord cannot impose any additional fees, charges, or deposits for any service or support animals under a lease’s pet policy.^[7]

9. Shared-Meter Buildings – If a utility service is submetered, utility bills provided by landlords to tenants must be based on actual submeter readings.^[8]

Maximum Amount – Minnesota state law does not establish a maximum amount for security deposits.

Collecting Interest – The landlord must hold the tenant’s security deposit in an account bearing simple non-compounded interest at a rate of 1% per annum.^[9]

Returning – The landlord must return the security deposit, with interest, to the tenant within three weeks of the termination of tenancy.^[9]

• Itemized List – If the landlord withholds any portion of the security deposit, they must furnish a written statement to the tenant outlining the specific reason for the withholding.^[9]

Grace Period – Minnesota state law does not establish a grace period for paying rent. Rent is due on the date mentioned in the lease.

Maximum Late Fee – Late fees must be established in the lease agreement and may not exceed 8% of the monthly rent.^[10]

NSF Fee – There is no Minnesota law regarding fees for NSF rent checks. However, the fee should be named in the lease agreement and must be reasonable.

Withholding Rent – A tenant may withhold rent and deposit it with a court administrator if there is a need for repairs to the unit and the landlord has been given written notice.^[11]

Standard Access – The landlord must give 24-hours’ notice before entering the property. The notice must also specify a time and window of entry, which must be between 8:00 a.m. and 8:00 p.m unless otherwise agreed.^[12]

Immediate Access – The landlord may enter the property without notice if they reasonably believe that immediate entry is necessary to prevent injury, determine the tenant’s safety, or comply with local ordinances regarding unlawful activity.^[12]

Absence – Minnesota state law does not establish a set length of time that a tenant must be absent for a unit to be considered abandoned.

Breaking the Lease – If a tenant’s health requires them to relocate to a medical care facility, then they may break the lease without penalty. The tenant, or their authorized representative, must give the landlord two months’ notice before breaking the lease.^[13]

Tenant’s Utility Shutoff – If utilities are included in the rent, or if a landlord who directly pays for utilities bills the tenant for these costs, and the tenant fails to pay this bill, then the landlord may bring an eviction action for nonpayment.^[14]

Unclaimed Property – If a tenant abandons a rental property, the landlord must store and care for any abandoned personal property for at least 28 days. After this time, the landlord may dispose of the property.^[15]

Reasonable Efforts – If a tenant abandons during the lease term, the landlord must undertake reasonable efforts to re-rent it at a fair rental value.^[16]