2023 Minnesota Landlord-Tenant Law Update

2023 Major Landlord-Tenant Law Changes

2023 was a significant year in the annals of Minnesota Landlord-Tenant law, as changes in the legislature resulted in some of the most significant landlord-tenant law changes that Minnesota has seen in its history. These included sweeping changes to evictions, eviction notices, tenant privacy rights, lease early renewals, cannabis regulations with regard to renting, and many other landlord-tenant matters. In this article, we will review some of the most substantive changes and highlight some of the pitfalls that landlords may face due to the recent overhaul of Minnesota landlord-tenant law.

Eviction Notice Requirements

While some landlords may be familiar with the notice requirements implemented recently by several Minnesota cities such as Minneapolis, similar restricts are now, beginning January 1, 2024, to be implemented throughout the entire state of Minnesota. Historically, landlords could bring an eviction action for nonpayment of rent as soon as rent was due. However, they are now required to provide a detailed and specific “pre-eviction notice” prior to filing an eviction for nonpayment of rent. This notice must be issued at least 14 days prior to filing an eviction, which will delay eviction commencement.

The larger issue that is likely to occur is that many landlords will not know about this requirement, and will likely learn of it for the first time after they are faced with having an eviction dismissed due to failing to comply with this requirement. Further, the notice requirement has specific requirements that, if not complied with, will result in dismissal of an eviction even if the notice was provided.

It is important that landlords carefully review all of the notice requirements and comply with them, to avoid lengthy and expensive delays in the eviction process.

Tenant Privacy Rights

Minnesota’s new landlord-tenant legislation has also substantially expanded privacy protections for tenants, and penalties for landlords who violate these provisions. Specifically, landlords must now provide tenants with a minimum of 24 hours of notice before entering the leased property. While many landlords followed this as a best practice previously, the legislature has now provided for serious penalties if a landlord fails to comply with this. The penalty for violation of this law is now $500 per instance, which can result in substantial costs to a landlord who violates this provision. Additionally, tenants can raise privacy violations as a defense to an eviction.

Eviction Expungement

Eviction records are one of the crucial barriers for tenants who have undergone a prior eviction, and also serve as a key record that landlords review when deciding whether to accept or deny a tenant application. The new Minnesota landlord-tenant legislation has made it much easier to obtain an expungement, and has made many expungements mandatory. It is also now easier to have older evictions expunged, which will help tenants who have an older eviction that is preventing them from renting.

Eviction Procedure Changes

The new legislation has also slowed down the eviction process as a whole, providing that eviction hearings will not need to be heard as quickly as previously required. While the eviction process is a summary process, meaning that it is not as lengthy as most civil actions, this change in the law will likely significantly lengthen the time it takes for a landlord to file an eviction, move into court, and obtain an eviction writ. This makes it even more important for landlords to promptly move ahead with eviction proceedings if a tenant is fails to pay rent or has engaged in lease violations.

Marijuana Possession In A Rental Property

Along with the sweeping changes to Minnesota landlord-tenant law, the Minnesota legislature also recently passed legislation that legalized the recreational use of marijuana. The landlord-tenant statute has been similarly modified to reflect this, and landlords are now no longer able to prohibit their tenants from possessing marijuana. Landlords can still prohibit tenants from smoking marijuana on the property, but from a practical perspective, this may be difficult to prove. Many landlords had completed banned possession and use of marijuana at their properties, and now will need to carefully navigate whether tenants are truly in violation.

These are simply a few highlights of the major changes that the Minnesota legislature added to Minnesota landlord-tenant law in 2023. It is important for Minnesota landlords to thoroughly understand these changes, and make sure that they comply with these changes in order to avoid expensive or time-consuming mistakes. If you have any questions about the changes to Minnesota landlord-tenant law or how to comply with these changes, call experienced landlord-tenant attorney John E. Roach for a consultation.