MN Bill Further Restricts When Landlords Can Enter A Tenant's Unit

ST. PAUL, MN — A bill in the Minnesota Legislature would add specific language around the existing requirement for a landlord to give notice before entering a tenant's unit.

House File 315 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.

For comparison, here's how the current 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.

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

State law allows three exceptions to the landlord notice requirement, which would not change if H.F. 315 is passed:

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 current state law, if a landlord enters a unit illegally, the tenant is entitled to up to a $100 civil penalty for each violation. But under the proposed legislation, 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."

The House version of the bill is currently sitting in the Judiciary Finance and Civil Law Committee. The Senate version is in the Housing and Homelessness Prevention Committee.

Learn more about tenant rights in Minnesota on the state courts' website.