Law Restricting When Landlords Can Enter A Tenant's Unit Starts Jan. 1

ST. PAUL, MN — A new Minnesota state law going into effect on Jan. 1 adds specific language around the existing requirement for a landlord to give notice before entering a tenant's unit.

The new law says a landlord can enter a tenant's unit without their permission only if the landlord provides 24 hours' notice. Even after giving notice, the landlord can only enter between 8 a.m. and 8 p.m., they must only enter for a "reasonable" business purpose, and should not stay more than four hours.

A "reasonable purpose" includes showing the unit to prospective tenants, performing maintenance work, or if the landlord believes the tenant is violating the lease.

For comparison, here's how the old version of the law reads:

A landlord may enter the premises rented by a residential tenant only for a reasonable business purpose and after making a good faith effort to give the residential tenant reasonable notice under the circumstances of the intent to enter.

State law will continue to allow three exceptions to the landlord notice requirement:

A landlord may enter the premises rented by a residential tenant to inspect or take appropriate action without prior notice to the residential tenant if the landlord reasonably suspects that:

(1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;
(2) immediate entry is necessary to determine a residential tenant's safety; or
(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant's premises.

Under the old state law, if a landlord entered a unit illegally, the tenant was entitled to up to a $100 civil penalty for each violation. But under the new law, a landlord who enters an apartment without proper notice faces a penalty of "not less than an amount equal to one month's rent and reasonable attorney fees."

Other notable tenant protections going into effect on Jan. 1 include:

• A landlord must provide heat in a residential tenancy of at least 68 degrees when it is less than 60 degrees outside from Oct. 1 to April 30
• Types of incidents that allow a tenant to petition for emergency repair in a residential rental unit are specified, including the loss of running water or sanitary facilities, no heat, and a broken refrigerator
• A landlord cannot refuse to rent a unit or require a current renter to declaw or devocalize their animal
• All nonoptional fees must be disclosed in the lease agreement
• A landlord must offer an initial inspection of a unit to identify deficiencies
• A landlord must give the tenant written notice about the right to do a walk-through inspection no earlier than five days of the tenant moving out, thereby allowing the tenant a chance to fix any deficiencies or avoid having money taken out of the damage deposit
• A tenant can terminate a lease early if the tenant is moving into certain types of medical facilities
• A landlord must wait four months after the tenant moves in before they can ask them if they want to renew the tenancy (applies to leases lasting 10 months or longer)