Minnesota eviction notice and late fee rules

Notice for unpaid rent

Before bringing an eviction action for nonpayment of rent or other unpaid financial obligations under the lease, a landlord must give the residential tenant written notice specifying the basis for the future eviction action.

Ending a month-to-month tenancy

A tenancy at will may be ended by either party with written notice at least as long as the interval between rent due dates or three months, whichever is less.

Late-fee limit

A late fee may not exceed eight percent of the overdue rent payment.

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

Before bringing an eviction action for nonpayment of rent or other unpaid financial obligations under the lease, a landlord must give the residential tenant written notice specifying the basis for the future eviction action.

“Before bringing an eviction action alleging nonpayment of rent or other unpaid financial obligation in violation of the lease, a landlord must provide written notice to the residential tenant specifying the basis for future eviction action.”
Minn. Stat. § 504B.321, subd. 1a(a)

If the tenant does not correct the rent delinquency within 14 days of delivery or mailing of the notice (or a longer local notice period), or fails to vacate, the landlord may file a nonpayment eviction action.

“If the residential tenant fails to correct the rent delinquency within 14 days of the delivery or mailing of the notice, or the number of days required by a local government rule or law if the notice period prior to an eviction required by the local government is longer than 14 days, or fails to vacate, then the landlord may bring an eviction action under subdivision 1 based on nonpayment of rent.”
Minn. Stat. § 504B.321, subd. 1a(c)

Paying to stop an eviction

In a nonpayment eviction (unless the landlord also alleges a material lease violation), the tenant may redeem at any time before possession is delivered by paying the rent in arrears with interest, costs and an attorney's fee not exceeding $5, and performing other lease covenants.

“the tenant may, at any time before possession has been delivered, redeem the tenancy and be restored to possession by paying to the landlord or bringing to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney's fee not to exceed $5, and by performing any other covenants of the lease.”
Minn. Stat. § 504B.291, subd. 1(a)

Ending a month-to-month or other periodic tenancy

A tenancy at will may be ended by either party with written notice at least as long as the interval between rent due dates or three months, whichever is less.

“A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.”
Minn. Stat. § 504B.135

Lockouts and utility shutoffs

Intentionally and unlawfully removing or excluding a tenant, or interrupting electric, heat, gas or water service with intent to unlawfully remove the tenant, is a misdemeanor.

“A landlord, an agent, or person acting under the landlord's direction or control who unlawfully and intentionally removes or excludes a tenant from lands or tenements or intentionally interrupts or causes the interruption of electrical, heat, gas, or water services to the tenant with intent to unlawfully remove or exclude the tenant from lands or tenements is guilty of a misdemeanor.”
Minn. Stat. § 504B.225

On a verified petition showing the exclusion or removal was unlawful, the court must immediately order that the tenant have possession.

“If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of the residential tenant or the residential tenant's attorney or agent that the exclusion or removal was unlawful, the court shall immediately order that the residential tenant have possession of the premises.”
Minn. Stat. § 504B.375, subd. 1(c)

Retaliation

A residential tenant may not be evicted, nor have obligations increased or services decreased, as a penalty for complaining of a violation; within 90 days after the complaint the landlord bears the burden of proving otherwise unless the complaint was not in good faith.

“A residential tenant may not be evicted, nor may the residential tenant's obligations under a lease be increased or the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the residential tenant's or housing-related neighborhood organization's complaint of a violation. The burden of proving otherwise is on the landlord if the eviction or increase of obligations or decrease of services occurs within 90 days after filing the complaint, unless the court finds that the complaint was not made in good faith.”
Minn. Stat. § 504B.441

What the notice must say and how it is delivered

The nonpayment notice must be delivered personally or by first class mail to the tenant at the leased premises.

“The landlord or an agent of the landlord must deliver the notice personally or by first class mail to the residential tenant at the address of the leased premises.”
Minn. Stat. § 504B.321, subd. 1a(b)

The court must dismiss without prejudice an action filed without the required notice and grant expungement of the case file.

“The court shall dismiss an action without prejudice for failure to provide a notice as described in subdivision 1a and grant an expungement of the eviction case court file.”
Minn. Stat. § 504B.321, subd. 1(d)

Court deadlines and the eviction case

The appearance date in an eviction summons is not less than seven nor more than 14 days from issuance, except as provided by subdivision 2.

“The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons, except as provided by subdivision 2.”
Minn. Stat. § 504B.321, subd. 1(c)

Late fees and grace periods

A late fee may not exceed eight percent of the overdue rent payment.

“In no case may the late fee exceed eight percent of the overdue rent payment.”
Minn. Stat. § 504B.177(a)

A landlord may not charge a late fee unless the tenant and landlord agreed in writing that one may be imposed, and the agreement must specify when it will be imposed.

“A landlord of a residential building may not charge a late fee if the rent is paid after the due date, unless the tenant and landlord have agreed in writing that a late fee may be imposed. The agreement must specify when the late fee will be imposed.”
Minn. Stat. § 504B.177(a)

For landlords with a government housing assistance payments contract, the late fee is calculated only on the tenant's portion of rent.

“A late fee charged by a landlord who has entered into a housing assistance payments contract with the federal, state, or local government must be calculated and assessed only on the portion of rent payable by the tenant.”
Minn. Stat. § 504B.177(c)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Minnesota rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Minnesota have to give for unpaid rent?

Before bringing an eviction action for nonpayment of rent or other unpaid financial obligations under the lease, a landlord must give the residential tenant written notice specifying the basis for the future eviction action. (Minn. Stat. § 504B.321, subd. 1a(a)).

How much notice is needed to end a month-to-month tenancy in Minnesota?

A tenancy at will may be ended by either party with written notice at least as long as the interval between rent due dates or three months, whichever is less. (Minn. Stat. § 504B.135).

Is there a limit on rent late fees in Minnesota?

A late fee may not exceed eight percent of the overdue rent payment. (Minn. Stat. § 504B.177(a)).