Breaking a lease in Minnesota

A tenant may end a lease early in the cases the statute lists: a tenant or authorized occupant who fears imminent violence after domestic abuse, criminal sexual conduct, sexual extortion or harassment; the death of the tenant (or all tenants); and a tenant who must move into a medical care facility (Minn. Stat. § 504B.206; Minn. Stat. § 504B.265; Minn. Stat. § 504B.266).

• A violence victim gives signed, dated advance written notice with a qualifying document such as an order for protection. A sole tenant owes rent for the full month in which the tenancy ends and gives up the deposit, but owes nothing for the rest of the term (Minn. Stat. § 504B.206, subd. 1; Minn. Stat. § 504B.206, subd. 3).
• Do not disclose anything in that notice or document, the tenant's new address or their status as a victim; a violation costs $2,000 plus attorney's fees and costs (Minn. Stat. § 504B.206, subd. 2).
• After a tenant's death, you or the estate's personal representative may end the lease on at least two months' written notice effective on the last day of a calendar month; a lease term requiring longer notice is void (Minn. Stat. § 504B.265).
• A tenant a medical professional finds must move into a medical care facility, and who meets the statute's care-need test, may end the lease on two months' written notice effective at a month's end, with the medical documentation and proof of acceptance or a pending application, unless the tenant needs an accessible unit and you can offer one in the same complex within two months (Minn. Stat. § 504B.266).
• If a tenant abandons the home during the lease, make reasonable efforts to rent it at fair rental value; the lease ends when a new tenancy begins, and the tenant owes no rent after the lease ends. Waivers are void (Minn. Stat. § 504B.154).

If a code violation, a breach of the landlord's promises, or another violation the statute defines exists, the tenant may deposit rent with the court administrator instead of paying you (rent escrow). For a violation cited by a code inspector, the tenant waits until the repair time runs out; for other violations, the tenant first gives you written notice and waits 14 days (Minn. Stat. § 504B.385, subd. 1).

• While a rent escrow case is pending, the tenant must keep paying rent into court or as the court directs and may not withhold rent to force repairs. A hearing is held 10 to 14 days after the deposit or filing (Minn. Stat. § 504B.385, subd. 1(d); Minn. Stat. § 504B.385, subd. 5).
• If the court finds a violation, it may abate rent, release escrowed rent to pay for repairs, order future rent paid into court and impose fines (Minn. Stat. § 504B.385, subd. 9).
• In an emergency involving a landlord-provided essential service, such as loss of heat, running or hot water, electricity or sanitary facilities, a serious infestation or a nonfunctioning refrigerator, or after a government condemns the property, the tenant may petition the court for emergency relief after trying to notify you at least 24 hours ahead (Minn. Stat. § 504B.381, subd. 1; Minn. Stat. § 504B.381, subd. 4).
• A tenant may also bring a tenant remedies action in district court; for violations other than code violations, you must be told in writing at least 14 days before it is filed (Minn. Stat. § 504B.395, subd. 1; Minn. Stat. § 504B.395, subd. 4).
• These rent escrow rights cannot be waived, and the anti-retaliation rule applies to them (Minn. Stat. § 504B.385, subd. 11).

Minnesota has no statute that sets a general rule on subletting a home. The lease controls, so state in it whether the tenant needs your written consent (Minn. Stat. ch. 504B).

Either side may end a tenancy at will, such as a month-to-month tenancy, with written notice at least as long as the time between rent due dates or three months, whichever is less. For monthly rent that is one full rental period (Minn. Stat. § 504B.135).

• When a tenant of urban real estate stays on after the lease ends without your express agreement, only a tenancy for the shortest interval between rent payments under the old lease is implied (Minn. Stat. § 504B.141).
• An automatic renewal clause for a term of two months or more is enforceable only if you remind the tenant of it in writing, personally or by certified mail, 15 to 30 days before the tenant's notice of leaving is due (Minn. Stat. § 504B.145).
• For a lease longer than ten months, you may not require the tenant to renew more than six months before it expires (Minn. Stat. § 504B.144).
• A tenant may not be evicted or refused renewal because a child joined the household during the tenancy until a year has passed and you have given six months' written notice, unless the tenant does not pay, damages the home, disturbs others or otherwise breaches the lease (Minn. Stat. § 504B.315).

Within three weeks after the tenancy ends, and after you receive the tenant's mailing address or delivery instructions, return the deposit with interest or give the tenant a written statement showing the specific reason for keeping any part of it. If the tenant leaves because the building was legally condemned for reasons not caused by the tenant's willful, malicious or irresponsible conduct, the deadline is five days (Minn. Stat. § 504B.178, subd. 3).

• Mailing the deposit or statement first class, postage prepaid, in a correctly addressed envelope with a return address within the deadline counts as on time (Minn. Stat. § 504B.178, subd. 3(b)).
• You may keep only amounts reasonably necessary to cover unpaid rent or other money due under the agreement, or to restore the home to its condition at the start of the tenancy, ordinary wear and tear excepted. In any dispute you must prove the reason for keeping it (Minn. Stat. § 504B.178, subd. 3(b), (c)).
• Missing the deadline, or failing to give the move-in and move-out inspection notices and complete an inspection the tenant asks for, makes you liable for the amount withheld plus interest as a penalty, on top of the amount wrongfully withheld with interest (Minn. Stat. § 504B.178, subd. 4).
• Keeping a deposit in bad faith adds punitive damages of up to $500 per deposit. Bad faith is presumed if you missed the return rules, unless you return the deposit within two weeks after the tenant sues for it (Minn. Stat. § 504B.178, subd. 7).
• A tenant may not withhold rent for the last payment period on the ground that the deposit should cover it, except under a month-to-month agreement where neither side has served a notice to quit. A tenant who keeps withholding after your written demand and notice of the rule owes a penalty (Minn. Stat. § 504B.178, subd. 8).
• When you sell or otherwise give up your interest in the property, within 60 days (or sooner if the new owner must account for the deposit first) either transfer the deposit with interest to the new owner and tell the tenant who holds it, or return it to the tenant (Minn. Stat. § 504B.178, subd. 5).
• Any agreement to waive these rules is void (Minn. Stat. § 504B.178, subd. 10).