Know Your Written Notices!

In 2018, residential rental properties face an environment of increasing regulation at all levels of government: local, state, and federal. After 15 years around multifamily rental properties, even I find it difficult to keep track of the growing patchwork of laws, statutes, ordinances, and rules. One critical aspect of successfully operating or managing, and now buying and selling rental property in today’s political environment is simple: know your required written notices.

Historically, Chapter 504B of the Minnesota Statutes has been the primary source of Minnesota residential tenant written notices and agreements (security deposit statement, reject application, etc.). Now, increasingly, municipalities add their own additional landlord written notice requirements how/where to vote (Minneapolis) or written notice to tenants if a 3+ unit building is sold (St. Louis Park). As a general rule, landlord must look closely at specific notice requirements for details such as timing (# of days) or required method of delivery (US Mail).

Below is a helpful starter list of State of Minnesota required landlord written notices (does not include municipal). It is a basic snapshot and not exhaustive. If you do have further questions, please consult a landlord tenant attorney. In some instances, there are additional, specific penalties for non-compliance (no landlord written notice). Notably absent below is written notice to enter a unit. Technically under Minn. Stat. §504B.211 only “reasonable notice” is required. However, written notice is highly recommended to avoid practical and legal conflict. As a final reminder, whether you are a buyer, seller, owner, or manager, do not forget to regularly check the property’s local municipal rental license, housing, or maintenance ordinance or code language for new or revised landlord notice requirements.

MINNESOTA STATUTE 504B LANDLORD TO TENANT WRITTEN REQUIREMENTS:

1. Tenant to Be Given Copy of a Lease. §504B.115.
2. Receipt for Rent Paid In Cash §504B.118.
3. Terminating Tenancy At Will §504B.135.
4. Restrictions for Buildings in Financial Distress. §504B.151.
5. Covenants of Landlord—-Tenant Maintenance. §504B.161 Subd. 2
6. Application Screening Fee. Disclose prior to accepting fee §504B.173 Subd. 3.
7. Prelease Deposit. §504B.175 Subd. 2
8. Late Fees. Agreement must specify late fee imposed and when. §504B.177(a)
9. Security Deposit Written Statement. §504B.178 Subd. 3,4.
10. Landlord or Agent Disclosure.
    • Disclosure of Address of manager & landlord or agent. §504B.181 Subd. 1
    • Posting of Notice on the Premises §504B.181 Subd. 2
      1. Termination of Lease Upon Death of Tenant. Two months written notice. §504B.265
      2. Writ of Recovery.
         • Tenant personal property stored on-site notice. §504B.365 Subd. 3d
         • Method: Mail copy of inventory
         • Officer move out date and time notification. §504B.365 Subd. 3g
         • Method: First class mail (in addition to telephone).