Suing for Privacy Invasion by Your Landlord in Minnesota

If you’re renting in Minnesota, knowing your privacy rights is essential—especially if you believe your landlord has unlawfully entered your unit or violated your personal privacy. Minnesota law provides strong protections and clear processes if your privacy has been breached. This guide explains your options and practical steps you can take if you need to sue for invasion of privacy.

Understanding Tenant Privacy Rights in Minnesota

Under Minnesota law, landlords must respect a renter’s right to privacy. Your landlord generally cannot enter your rental unit without giving you proper notice, except in emergencies. The main law covering your rights is the Minnesota Statutes Section 504B.211, which requires landlords to provide at least 24 hours’ notice before entering a tenant’s home in most situations. Unauthorized entry, repeated harassment, or misuse of your information could be considered an invasion of privacy.^[1]

Examples of Privacy Invasion by a Landlord

• Entering your home without notice or consent (except emergencies)
• Repeated, unannounced inspections or visits
• Harassment (e.g., using a spare key without good reason)
• Sharing your personal details or information without consent

What to Do If Your Privacy Is Violated

If you believe your privacy rights have been invaded, you have options before considering a lawsuit. Start by documenting the incidents with dates, times, and any communication with your landlord. You may choose to send a formal written notice to your landlord, informing them of the violation and requesting they stop.

When to Consider Legal Action

If informal communication fails to resolve the problem, or if the invasion is severe or ongoing, you may file a complaint or lawsuit for damages and injunctive relief (a court order to make your landlord stop). In Minnesota, you can file claims in Housing Court or Conciliation (Small Claims) Court, depending on your situation and the amount of damages claimed.

Official Forms for Minnesota Renters

• Affidavit of Complaint and Summons (Form HOU102):
  • When to use: If you seek official court action regarding an invasion of privacy, use this form to start a housing case in Housing Court.
  • Example: If your landlord entered your unit multiple times without notice and refused to stop, you can submit this form to begin legal proceedings.
  • Download from Minnesota Judicial Branch
• Conciliation Court Statement of Claim and Summons (Form CONC111):
  • When to use: Use this form if your damages are less than $15,000 and you want to seek compensation in small claims court for emotional distress or costs related to privacy invasion.
  • Example: If your landlord shared personal information without your permission, resulting in harm, you might use this form to claim damages.
  • Download from Minnesota Judicial Branch

Where to File

Residential tenancy disputes in Minnesota are handled by the Housing Court Division of the Minnesota Judicial Branch. Always file your completed forms at the court that covers the county where your rental home is located.

How to File for Invasion of Privacy—Step by Step

• Document all privacy violations with dates, descriptions, and supporting evidence (photos, messages, witnesses).
• Send your landlord a dated written notice about the invasion and keep a copy.
• If the problem is unresolved, select the correct form for your case (see above).
• Fill out all required information on the form—describe what happened and how it harmed you.
• File the form at your county’s Housing Court or Conciliation Court and pay any applicable fee (fee waivers may be available for low-income renters).
• Attend your court hearing and present your evidence clearly to the judge.

This process helps ensure your concerns are heard and may result in damages, a court order requiring your landlord to stop, or both.

Relevant Minnesota Legislation

The principal statute providing tenant privacy rights in Minnesota is Minnesota Statutes Section 504B.211 – Right of Entry by Landlord.^[1] This statute spells out required notice and the limits of landlord entry.

FAQ

1. What notice must my landlord give before entering?
   In Minnesota, landlords must provide at least 24 hours’ notice (except for emergencies) before entering your home.
2. Can I sue for damages if my landlord invades my privacy?
   Yes. You may file a complaint in Housing or Conciliation Court for damages or an order requiring the landlord to stop unlawful entry.
3. Where do I file a complaint for privacy invasion?
   File at the Housing Court or Conciliation Court for your county, part of the Minnesota Judicial Branch.
4. What evidence should I gather for my case?
   Keep detailed notes, photos, written communications, and any witness statements about each privacy breach.
5. Are there fees to file, and can they be waived?
   There are usually filing fees, but low-income renters can apply for a fee waiver (using the IFP forms) through the Minnesota courts.

Conclusion: Key Takeaways for Minnesota Renters

• Landlords must respect renter privacy and follow clear notice rules for entry.
• Unlawful entry or sharing of personal information can form the basis for a legal claim.
• Always use official forms and keep clear records to protect your rights in court.

Understanding your rights and the correct process helps ensure your privacy is respected throughout your tenancy.

Need Help? Resources for Renters

• Minnesota Judicial Branch Housing Court – Information, forms, and filing guidance
• Minnesota Attorney General’s Landlord-Tenant Handbook (PDF)
• Minnesota Tenant Resources via Minnesota Housing Partnership
• LawHelpMN – Free Legal Information and Assistance

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1. Minnesota Statutes Section 504B.211 – Right of Entry by Landlord

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