Minnesota Rental Unit Smoking Rules: What Renters Need to Know

When moving into a rental unit in Minnesota, understanding smoking policies is key. Whether you're concerned about your health, allergies, or simply clarity in house rules, knowing your rights and your landlord's obligations around smoking can make your tenancy smoother and healthier. This guide covers Minnesota laws and best practices about smoking in rentals—so you can start your tenancy on the right foot.

How Are Smoking Policies Set in Minnesota Rentals?

Minnesota law does not have a statewide ban on smoking in private rental units—but landlords can set their own policies, as long as these are stated clearly in your lease agreement.^[1] Common approaches landlords may choose include:

• Completely smoke-free buildings and units
• Designated smoking areas only
• Allowing smoking inside the rental unit

This means your ability to smoke—or to avoid secondhand smoke—depends on the specific rules in your rental agreement.

Legal Requirements for Smoking Policy Disclosures

Landlords are not required by Minnesota state law to disclose smoking policies before you sign a lease, but many do for transparency and courtesy. The terms should be stated in your rental agreement. If not, ask your landlord to clarify in writing.

• Review the full lease agreement before signing
• Request clarity about smoking policies in writing if none is included
• Be aware: Smoking in violation of stated policies can lead to lease termination

Relevant Official Forms

• No Statewide Smoking Disclosure Form: Minnesota does not have an official statewide smoking disclosure form for rentals. Instead, look for a smoking clause within your lease or ask your landlord for one.
• General Lease Agreement (Minnesota form packet): Used to document all rental terms, including smoking policies. Example: If you're signing a one-year lease and want to confirm a no-smoking rule, request that your landlord adds a "No Smoking" clause. See Minnesota Attorney General's Landlords and Tenants Handbook for guidance.

What If There’s a Violation of the Smoking Policy?

If your lease prohibits smoking and another tenant is violating that rule, or if your landlord accuses you of breaking the smoking policy, certain steps can help resolve the issue:

• Notify your landlord in writing about any violations you observe
• Keep a copy of your complaint and any correspondence
• If necessary, file a complaint with the Minnesota Housing Court

If smoking results in damage, landlords can deduct repair costs from your security deposit—as long as these costs are documented and reasonable. Minnesota's security deposit regulations are outlined in Section 504B.178 of the Minnesota Statutes: Landlord and Tenant.^[2]

Smoke-Free Housing Protections and Health Concerns

Many Minnesota landlords are adopting smoke-free rules to protect tenant health and reduce property damage. Secondhand smoke is recognized as a health hazard; the Minnesota Department of Health's Smoke-Free Housing Program offers more information and tips on advocating for smoke-free policies.

• Request a smoke-free addendum if you’re concerned about exposure
• Contact your landlord or building manager to discuss your concerns
• If you feel your health is at risk due to secondhand smoke, consult local housing advocacy programs for guidance

While landlords may prohibit smoking to keep units healthy, these policies must be applied fairly to all tenants.

Disability Accommodations Related to Smoking

Renters with health conditions that worsen with tobacco smoke may request reasonable accommodations. This is supported by the federal Fair Housing Act and Minnesota anti-discrimination laws. For example:

• You could request a transfer to a smoke-free unit (if available)
• You might ask your landlord to enforce existing no-smoking rules

For more information, review state housing rights from the Minnesota Department of Human Rights.

How to Address Smoking Issues in Your Rental

Most issues can be resolved by clear communication. If that fails and problems persist, you can take further actions:

• Document all incidents and communications regarding smoking issues
• Contact your landlord in writing for resolution
• If unresolved, you can contact the Minnesota Housing Court for guidance
• If your health is affected, the Minnesota Department of Health can offer resources or referrals

Knowing your options empowers you to maintain a healthy, respectful living environment.

Frequently Asked Questions

1. Can my landlord ban smoking in my Minnesota apartment?
   Yes, private landlords in Minnesota are allowed to set their own smoking policies. If your lease states that smoking is not allowed, you must follow that rule.
2. Does the law require my landlord to disclose the smoking policy?
   No, Minnesota law does not require landlords to specifically disclose smoking policies, but most leases include this information. Ask for a written clause if it is not stated.
3. What can I do if a neighbor smokes and it's affecting me?
   Notify your landlord in writing, ask for enforcement of the lease terms, and document each incident. For ongoing concerns, you may seek help from Minnesota Housing Court.
4. Can I be evicted for breaking a no-smoking rule?
   Yes, violating a clear no-smoking clause in your lease could be grounds for eviction after proper legal notice and proceedings under Minnesota law.
5. Are there specific forms I need to file a complaint about smoking?
   No specific smoking complaint forms exist, but you should submit concerns in writing to your landlord. If court action is needed, you may use general housing court forms as found on the Minnesota Judicial Branch Housing Forms page.

Conclusion: Key Takeaways for Minnesota Renters

• Smoking policies are determined by your landlord and should be outlined in your lease
• If you have health concerns or want smoke-free housing, get terms in writing before signing
• You have options for complaint and accommodation if smoking affects your living conditions

Be proactive—clarify policies before moving in, and communicate any concerns with your landlord to help ensure a comfortable tenancy.

Need Help? Resources for Renters

• Minnesota Housing Court (Judicial Branch Landlord-Tenant): Tribunal for rental disputes
• Minnesota Attorney General - Landlords and Tenants Handbook: Full legal guide
• Minnesota Department of Health: Smoke-Free Housing
• Minnesota Department of Human Rights - Housing Protections

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1. See Minnesota Attorney General – Landlords and Tenants Rights and Responsibilities Handbook
2. See Minnesota Statutes Section 504B – Landlord and Tenant

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