Essential Building Code Rules for Minnesota Renters

If you rent a home or apartment in Minnesota, understanding local building codes and your maintenance rights is crucial to staying safe and comfortable. These codes and standards help ensure your landlord provides a safe, livable residence and maintain their property according to Minnesota law. This article covers the essentials, from heating and plumbing requirements to what you can do if repairs aren’t being made.

What Are Building Codes and Why Do They Matter for Renters?

Building codes are rules set by state and local government to make sure all housing meets minimum safety and health standards. In Minnesota, these codes are part of what’s known as ‘habitability’—your right to a home that is safe and fit to live in. Both landlords and tenants need to be aware of these rules to avoid disputes and help resolve problems quickly.

Minnesota’s Key Building and Maintenance Standards

The Minnesota Statutes Chapter 504B – Landlord and Tenant Law^[1] and the Minnesota State Building Code^[2] outline what’s required for all rental properties. Here’s what every renter should know:

• Heat: Units must provide working heat from October 1 through April 30. The temperature must be at least 68°F in all habitable rooms.
• Plumbing and Water: Properties must have safe, working plumbing—this includes toilets, sinks, and showers/tubs.
• Electrical: All outlets, switches, and wiring must be safe and functioning.
• Smoke Detectors: Every unit must have smoke alarms in or near sleeping areas, installed and maintained according to state law.
• Windows and Doors: Windows must open and close safely and provide adequate light and ventilation. Entry doors must lock securely.
• Pest Control: The landlord must keep units clear of rodent or insect infestations unless caused by the tenant’s actions.
• Mold and Dampness: The home must be free of dangerous levels of mold and have proper ventilation.

Most cities, including Minneapolis and St. Paul, may have even stricter requirements. Check your city’s housing code for details.

Landlord Duties—What Minnesota Law Requires

Your landlord must keep your rental unit in reasonable repair and comply with health, safety, and building codes as described under Minnesota Statute 504B.161 – Covenants of Landlord^[3]. This means fixing leaky roofs, faulty wiring, broken windows, or plumbing issues—unless you or a guest caused the damage.

What to Do if Your Rental Isn’t Up to Code

If your home doesn’t meet these standards, you have rights and options for action. Start by notifying your landlord in writing, describing the issue and requesting a repair. Keep a copy of your communication for your records.

• Document the problem with photos and notes.
• Allow your landlord a reasonable time to fix the problem (typically 14 days in non-emergency cases).

Filing a Rent Escrow Action in Minnesota

A Rent Escrow Action allows tenants to pay rent into court if essential repairs are not completed. This forces the landlord to address the issue before receiving the rent. Here’s how it works:

• Step 1: Provide written notice of the repair issue to your landlord.
• Step 2: Wait at least 14 days (unless it’s an emergency).
• Step 3: If the issue isn’t fixed, file a ‘Rent Escrow Affidavit’ at your local district court.

Official Form: Rent Escrow Affidavit (Form HOU102)

• When it’s used: After the landlord fails to make repairs you have documented and reported in writing.
• How to use: Complete the form with details about the issues and deliver it to the district court. There is a modest filing fee, but you may request a waiver if you qualify for low income.
• Where to file: Your county’s District Court.

Where Do Renters Go for Housing Disputes?

In Minnesota, housing disputes go to the Minnesota Judicial Branch’s Housing Court (District Court Housing Calendar)^[4]. This is the official body that hears landlord-tenant cases, including rent escrow actions and habitability claims.

Remember: Acting early—by sending timely written requests and gathering evidence—makes it more likely you’ll resolve maintenance disputes successfully.

FAQ: Minnesota Building Codes and Renter Rights

1. What should I do if my landlord is not fixing urgent repairs like no heat?
   If your landlord fails to repair essential services (like heat), submit a written request immediately. If there is no timely response, you can file a Rent Escrow Action at your local district court to have your rent held until repairs are made.
2. Can a landlord ask me to pay for repairs if I didn’t cause them?
   No, Minnesota law requires landlords to make most repairs unless the damage was caused by the tenant, a guest, or a pet.
3. Is my landlord allowed to enter my apartment to make repairs?
   Yes, but they must give ‘reasonable notice’ (usually at least 24 hours), unless there's an emergency.
4. Where can I find my city’s rental property standards?
   Visit your city’s housing inspections or property maintenance webpage for specific local requirements; for example, Minneapolis Housing Code.

Need Help? Resources for Renters

• Minnesota Attorney General – Landlord and Tenant Rights: Easy-to-read guides and sample complaint letters.
• Minnesota Housing: Information on statewide housing programs and renter support.
• Minnesota Judicial Branch – Tenant Repair Actions: Forms, instructions, and court contacts for habitability disputes.
• Contact your city’s Housing Inspections Department for local complaints and code enforcement. Search online for your city government website.

---

1. See Minnesota Statutes Chapter 504B – Landlord and Tenant Law
2. Minnesota State Building Code
3. Minnesota Statute 504B.161 – Landlord’s Obligations
4. Minnesota Judicial Branch – Housing Court

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations