Landlord repairs in Minnesota

In every residential lease the landlord promises the home and common areas are fit for their intended use, kept in reasonable repair (including pest extermination), reasonably energy efficient, compliant with federal, state and local health and safety laws (including rental licensing ordinances), and heated to at least 68°F from October 1 to April 30. These covenants cannot be waived or modified. (Minn. Stat. § 504B.161, subd. 1)

Minnesota law names these:

• heat of at least 68°F in all living areas, including kitchens and bathrooms, from October 1 through April 30
• extermination of insects, rodents, vermin and other pests
• reasonable energy efficiency (weatherstripping, caulking, storm windows and doors when cost-effective)
• in reasonable repair: running water, hot water, heat, electricity and sanitary facilities
• a working refrigerator
• a working air conditioner and elevator, if included in the lease

For violations other than inspector-cited code violations, the tenant must give the landlord written notice of the violation, delivered personally or sent to the person or place where rent is normally paid, at least 14 days before filing rent escrow or a tenant remedies action (§§ 504B.385, subd. 1(c); 504B.395, subd. 4). For an inspector-cited code violation, the tenant waits until the inspector's repair deadline passes (§ 504B.385, subd. 1(b)). For emergency relief, the tenant must try to notify the landlord at least 24 hours before going to court (§ 504B.381, subd. 4). (Minn. Stat. §§ 504B.381, subd. 4; 504B.385, subd. 1; 504B.395, subd. 4)

The notice must be in writing. Write a Minnesota repair request letter.

After written notice, the landlord has 14 days to correct a violation before the tenant may deposit rent in escrow or sue (§§ 504B.385, subd. 1(c); 504B.395, subd. 4). If a housing inspector has cited code violations, the inspector's repair deadline governs (§ 504B.385, subd. 1(b)). Emergencies: the tenant must attempt 24 hours' notice, then the court may order the landlord to begin repairs immediately (§ 504B.381).

Urgent problems: Loss of running water, hot water, heat, electricity or sanitary facilities; serious infestation; nonfunctioning refrigerator; nonfunctioning air conditioner or elevator if in the lease; other conditions with serious health or safety impact; condemnation or license revocation. The tenant must try to notify the landlord at least 24 hours before petitioning for emergency relief.

Law: Minn. Stat. §§ 504B.381, 504B.385, 504B.395

Allowed with limits. Only with a court order: in a rent escrow or tenant remedies case, the court may order the tenant to fix the violation and deduct the cost from rent on terms the court finds just (§ 504B.425(c)). There is no self-help repair-and-deduct statute.

Law:

Minn. Stat. § 504B.425(c)

Allowed with limits. No statute authorizes simple withholding, but under Fritz v. Warthen (Minn. 1973) the landlord's breach of the § 504B.161 covenants is a defense to an eviction or suit for unpaid rent if the landlord knew of the problem and had a reasonable chance to fix it. The Attorney General warns this is riskier than rent escrow: the court may order the withheld rent deposited, and a tenant who loses pays all rent plus costs. While a rent escrow case is pending the tenant may not withhold rent (§ 504B.385, subd. 1(d)).

Law:

Minn. Stat. § 504B.385, subd. 1(d); Fritz v. Warthen, 213 N.W.2d 339 (Minn. 1973); MN AG, Landlords and Tenants: Rights and Responsibilities (rev. July 2025)

If the violation is not corrected within 14 days of written notice (or by an inspector's deadline), the tenant may deposit the rent due with the court administrator with a copy of the notice or inspection order (simplified affidavit form available); a hearing is held within 10–14 days. The court may order repairs, release escrow money to fix the problem, abate past or future rent, require future rent paid into court, and fine the landlord. The landlord may counterclaim for possession if the full rent was not deposited. (Minn. Stat. § 504B.385)

Allowed with limits. A tenant of a building that is destroyed or becomes uninhabitable or unfit for occupancy through no fault of the tenant may vacate and surrender it, unless the tenant expressly agreed otherwise (§ 504B.131); the Attorney General says the tenant then owes no more rent but risks a court disagreeing that the unit was uninhabitable if it was not condemned. A landlord may not accept rent or a security deposit after the unit is condemned or declared unfit (liability: actual damages plus 3 times the money collected after that date, plus costs and attorney fees) (§ 504B.204), and must return the deposit within 5 days after the tenant leaves a condemned building (§ 504B.178, subd. 3(a)(2)).

Law:

Minn. Stat. §§ 504B.131, 504B.204, 504B.178, subd. 3(a)(2); MN AG handbook

Tenant Remedies Action in district court (also available to neighborhood organizations and code agencies): court may order repairs, appoint an administrator to collect rents and make repairs, abate rent, keep jurisdiction for a year, and award attorney fees up to $500 (§§ 504B.395–504B.425). Emergency relief petition for loss of essential services (§ 504B.381). Rent abatement suits in conciliation or district court.

A landlord may not end a tenancy, raise rent or cut services as a penalty for a tenant's good-faith attempt to enforce rights or report code violations to a government authority. If the notice to quit is served within 90 days after the tenant's protected act, the landlord must prove it was not retaliatory (§ 504B.285, subd. 2). Retaliation protections also apply to rent escrow and tenant remedies proceedings (§§ 504B.385, subd. 11; 504B.441). (Minn. Stat. §§ 504B.285, subds. 2–3; 504B.441)

The Attorney General says tenants can file a complaint with the local housing, health, energy or fire inspector and request an inspection; where there is no city inspector, the tenant writes to the landlord and may use rent escrow after 14 days.

• The 90-day retaliation presumption is recorded as 3 months.
• The landlord may shift specified repairs (like yard work) to the tenant only by a conspicuous written agreement with adequate consideration, and never the § 504B.161 covenants or common-area maintenance (§ 504B.161, subd. 2).

• Minnesota repair request letter (free, runs in your browser)
• Breaking a lease in Minnesota: notice periods and early-termination rights
• Minnesota eviction notice rules: what a notice for unpaid rent requires

• Minn. Stat. § 504B.161 Covenants of landlord Retrieved October 14, 2026.
• Minn. Stat. § 504B.381 Emergency tenant remedies Retrieved October 14, 2026.
• Minn. Stat. § 504B.385 Rent escrow action Retrieved October 14, 2026.
• Minn. Stat. § 504B.395 Tenant remedies procedure Retrieved October 14, 2026.
• Minn. Stat. § 504B.425 Judgment Retrieved October 14, 2026.
• Minn. Stat. § 504B.285 Retaliation defense Retrieved October 14, 2026.
• Minnesota Attorney General, Landlords and Tenants: Rights and Responsibilities (rev. July 2025) Retrieved October 14, 2026.
• https://www.revisor.mn.gov/statutes/cite/504B.131 Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.