Perspectives

At WFJ, we regularly counsel landlords on how to comply with Minnesota’s landlord-tenant laws-not just the basics, but the nuanced details that can impact risk and liability. Whether you’re managing a single rental unit or an entire portfolio, it is critical that you understand your legal obligations in order to protect your investments.

Here are three important areas of Minnesota landlord-tenant law every landlord should be familiar with:

Hiring a Property Manager? A Background Check is Legally Required

Minnesota law requires landlords to conduct a criminal background check on any person hired to manage residential property if that person will have access to the home. This includes onsite property managers or caretakers.

What the law says:

• Individuals with convictions for serious crimes like murder, assault, criminal sexual conduct, arson, or stalking can never be hired as residential managers.
• Individuals convicted of theft, burglary, robbery, and other specified offenses can only be hired if at least 10 years have passed since the sentence was discharged.
• Attempts to commit these crimes, or equivalent convictions from other states, are treated the same.
• Landlords must also request background checks for all current managers-not just new hires.

Background checks must be completed through the Minnesota Bureau of Criminal Apprehension (BCA), and landlords may be charged a fee per request. For questions or to initiate a background check, contact the BCA CHA Unit at (651) 793-2400.

Resolving Disputes Through Housing Court (Ramsey & Hennepin Counties)

For landlords and tenants in Hennepin and Ramsey Counties, Minnesota provides dedicated housing courts to resolve rental disputes efficiently and fairly. These courts handle:

• Eviction actions
• Rent escrow proceedings
• Rent abatement claims
• Violations of housing codes

Each case is heard by a housing referee, whose recommended decision is reviewed and confirmed by a district court judge. Either party can request a review of the referee’s recommendation within 10 days, providing specific objections.

Housing courts provide landlords a consistent and knowledgeable forum to resolve disputes while helping ensure compliance with state housing law.

Tenant Property Left Behind After Eviction Must be Handled with Care

If a tenant is lawfully evicted and leaves personal property behind, landlords are legally obligated to take specific steps before disposing of or removing the items.

What landlords must do:

• Create a detailed inventory of the property in the presence of the Sheriff or officer executing the removal
• Include item descriptions, condition, and who is authorized to release the property
• Send a copy of the inventory by mail to the tenant’s forwarding or last known address

Landlords must store the property for 28 days and exercise reasonable care during storage. Failure to do so can result in liability for damage or loss. Tenants must also be notified in advance of the scheduled removal date, and landlords must attempt to call them as good faith measure. Landlords may charge the cost of storage to the tenant, but they do not have a security interest in the tenant’s property, and they may not withhold the tenant’s property until payment is made.

Importantly, this law cannot be waived or altered by any lease agreement. It is a non-negotiable legal requirement.

Takeaway: Know the Details-Protect Your Investment

Landlord-tenant law in Minnesota includes more than just collecting rent and maintaining a property. From mandatory background checks to housing court protocols and personal property storage, small oversights can result in major legal consequences.

At WFJ, our experienced landlord-tenant attorneys can help you:

• Draft legally sound leases and management contracts
• Navigate eviction or rent disputes
• Stay compliant with housing laws

Have a question or need help protecting your rental property? Contact Wagner, Falconer & Judd today-we’re here to help you do it right the first time.