Subletting Laws and Permissions for Renters in Minnesota

If you rent in Minnesota and are considering subletting your apartment, it’s important to understand the current rules and get the right permissions. Subletting—allowing someone else to rent your place while you’re still on the lease—can help if you need to move temporarily or cover rent, but it comes with specific legal requirements and responsibilities in Minnesota.

Understanding Minnesota’s Subletting Laws

Subletting is generally allowed in Minnesota unless the lease specifically prohibits it. However, even when possible, your landlord’s written approval is almost always required.

• No automatic right: Minnesota law does not give renters an automatic right to sublet.
• Lease clauses: Many leases have sections about subletting—check yours for details, as some strictly forbid it while others allow it with approval.
• Landlord permission required: In most cases, you must get written permission from your landlord before subletting.

The main state law governing rental agreements and subleasing is found in Minnesota Statutes Chapter 504B – Landlord and Tenant^[1].

How to Request Landlord Approval for Subletting

If you want to sublet, follow these steps to increase your chances of getting approval and staying on the right side of the law:

• Review your lease for any subletting or assignment terms.
• Prepare a written request to your landlord that states your intent to sublet, the proposed subtenant’s information, and the subletting dates.
• Submit the request well in advance (preferably 30 days before the subtenant would move in).
• Wait for the landlord’s written decision. You may be required to supply details about the subtenant, such as references or a background check.

Keep all correspondence in writing to protect yourself if disputes arise later.

Official Forms for Subletting in Minnesota

• Sample Sublease Agreement (No official state form): Minnesota does not provide a government-issued sublease form. If your landlord gives you a preferred sublease template, consider using it. Otherwise, you can find sample agreements on public legal aid sites or draft your own. Always ensure all parties sign, and retain copies for reference.
• Request for Landlord Consent to Sublease: There is no official Minnesota state form, but your written request for permission should include your name, address, lease dates, the reason for subletting, full details of the subtenant, and dates for the sublease. Submit your request to your landlord in writing and keep a copy.

Responsibilities of the Original Tenant

Even after your landlord approves the sublet, you—as the original tenant—are legally responsible for the rental unit and rent payments unless your landlord releases you from the lease. Any damage, unpaid rent, or lease violations by your subtenant can affect your standing and credit.

• Keep in close contact with your subtenant throughout the sublease.
• Consider a security deposit from your subtenant to help cover any issues.

If concerns arise, reach out to the tribunal responsible for housing in Minnesota: the Minnesota Judicial Branch – Landlord and Tenant (Housing Court) which handles disputes and tenant rights cases^[2].

When Is Subletting Not Allowed?

• If your lease strictly prohibits subleasing or assignment.
• If your landlord denies written permission.
• If city or county ordinances (like number of occupants) would be violated.

Violating lease or local housing rules could result in eviction, so review your city’s rental ordinances as well.

FAQ: Minnesota Subletting Rules

1. Can my landlord refuse to let me sublet my rental in Minnesota?
   Yes. If your lease says subletting is not allowed, or if the landlord has a reasonable basis to deny your request, they can refuse to let you sublease.
2. Do I need to use a specific form for subletting in Minnesota?
   No official state form is required, but always make your request and agreement in writing. Ask your landlord if they have a preferred template.
3. Am I released from my lease if I sublet?
   No. The original tenant remains liable for the lease unless your landlord agrees to release you in writing.
4. What happens if I sublet without permission?
   You could be in violation of your lease and may face eviction or penalties.
5. Where can I resolve disputes around subletting in Minnesota?
   Disputes are typically handled through the Housing Court of the Minnesota Judicial Branch.

Conclusion: Key Takeaways for Minnesota Renters

• Subletting may be legal if your lease allows it—but you must have written landlord approval in Minnesota.
• You are still responsible for rent and any lease violations unless you are formally released from your lease.
• Put all communications about subletting in writing and check city/county rules as well as your lease before moving forward.

Need Help? Resources for Renters

• Minnesota Judicial Branch – Housing Court – for disputes and legal process
• Minnesota Attorney General – Landlord and Tenant Rights
• LawHelpMN – Tenants’ Rights Booklet
• For lease or eviction questions, contact your local legal aid or the Attorney General’s consumer helpline.

---

1. Minnesota Statutes Chapter 504B – Landlord and Tenant
2. Minnesota Judicial Branch – Housing Court Tenant-Landlord Resources

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