Minnesota Lease Agreement Review
Minnesota has no deposit cap but makes up for it with detailed rules elsewhere in chapter 504B. Deposits earn 1% simple interest, late fees are capped as a share of overdue rent, and tenants facing unrepaired problems deposit rent with the court rather than simply withholding it. St. Paul also has its own rent stabilization ordinance, so check the city as well as the statute.
Security deposit
No statewide cap
Entry notice
24 hours
Security deposits in Minnesota
Minnesota sets no statutory deposit cap. Landlords must make a good-faith effort to give at least 24 hours’ notice before entry, between 8am and 8pm (Minn. Stat. 504B.211).
Minnesota lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Minnesota
Minnesota generally requires 24 hours of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in Minnesota
Like nearly every state, Minnesota recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
How fast must a Minnesota landlord return a deposit?
Minn. Stat. 504B.178 gives the landlord three weeks after the tenancy ends, once it has your mailing address, to return the deposit with interest or give a written statement of reasons for withholding. Missing that standard makes the landlord liable for a penalty equal to the amount withheld plus interest, effectively double, and bad-faith retention can add punitive damages of up to $500.
What late fees are allowed in Minnesota?
Under 504B.177, a late fee is allowed only if you agreed to it in writing, with the timing specified, and it can never exceed 8% of the overdue rent payment. On $1,400 rent, the maximum is $112.
What if repairs are not made?
Minnesota tenants use rent escrow under 504B.385. After written notice of a violation, if the landlord has not fixed it within 14 days, you can deposit rent with the court administrator with an affidavit. A hearing follows within 10 to 14 days, and the court can order repairs, rent abatement or fines.
Separately, 504B.206 lets a tenant who fears imminent violence end a lease with written notice and a qualifying document such as an order for protection. A sole tenant owes rent for the month the tenancy ends and gives up the deposit, but is released from the rest of the term.
Minnesota sources checked 2026-10-09: Minn. Stat. 504B.178 (Minnesota Revisor) · Minn. Stat. 504B.177 (Minnesota Revisor) · Minn. Stat. 504B.385 (Minnesota Revisor) · Minn. Stat. 504B.206 (Minnesota Revisor). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Minnesota lease
- Security deposit vs the Minnesota limit, and the return terms
- Landlord entry notice against Minnesota requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Minnesota lease FAQ
How much can a landlord charge for a security deposit in Minnesota?
As of October 2026, the security-deposit rule in Minnesota is: No statewide cap. Minnesota sets no statutory deposit cap. Landlords must make a good-faith effort to give at least 24 hours’ notice before entry, between 8am and 8pm (Minn. Stat. 504B.211). Deposit caps change, so confirm the current figure, ClauseAudit checks it against Minnesota law when you run your lease.
How much notice must a landlord give before entering in Minnesota?
In Minnesota, a landlord generally must give 24 hours before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a Minnesota lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Minnesota lease; it does not override your rights.
How much can a landlord charge as a security deposit in Minnesota?
Minnesota caps it: No statewide cap. Minnesota sets no statutory deposit cap. Landlords must make a good-faith effort to give at least 24 hours’ notice before entry, between 8am and 8pm (Minn. Stat. 504B.211). 21 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Minnesota treat deposits the same way?
No, and the gap can be large: Iowa (2 months), North Dakota (1 month (more for pets or certain tenants)), South Dakota (1 month). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Minnesota's.
Is there anything specific to Minnesota tenants should know?
Minnesota sets no statutory deposit cap. Landlords must make a good-faith effort to give at least 24 hours’ notice before entry, between 8am and 8pm (Minn. Stat. 504B.211). Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Can I use my Minnesota deposit as last month's rent?
Generally no. Minn. Stat. 504B.178 bars withholding the final rent payment on the ground that the deposit covers it, with limited exceptions such as certain month-to-month tenancies where no notice to quit has been served. A tenant who keeps withholding after written notice of the rule can owe a penalty and interest.
How much interest does a Minnesota deposit earn?
Simple, noncompounded interest of 1% a year, under Minn. Stat. 504B.178. On a $1,500 deposit held two years, that is $30. Interest is returned with the deposit within three weeks of the tenancy ending, and amounts under $1 are excluded.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 3 of the 4 states bordering Minnesota use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Minnesota landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Minnesota law when you run your lease, and you should confirm anything critical with a qualified Minnesota attorney.