Minnesota Vacancy Decontrol Rules for Rent-Controlled Units

If you're renting in Minnesota, you may wonder how your rent could be affected when a tenant moves out of a rent-controlled unit—a process known as “vacancy decontrol.” Understanding what happens in these scenarios is essential for renters who want to be prepared for potential rent changes and to know their rights under state and local laws.

What Is Vacancy Decontrol?

Vacancy decontrol is a policy that allows landlords to raise the rent to the market rate once a rent-controlled or rent-stabilized unit becomes vacant. This means that when the current tenant leaves—either voluntarily or through legal eviction—the rent limit may no longer apply for the next occupant. The new rental price can be set by the landlord, often unrestricted by previous rent caps.

Does Minnesota Have Statewide Rent Control or Vacancy Decontrol?

Minnesota currently does not have a statewide rent control law. However, recent local developments—most notably in cities like Minneapolis and St. Paul—mean that certain rent control and vacancy decontrol provisions may apply in those jurisdictions.

• St. Paul: Rent stabilization was approved, and its implementation includes specific rules on vacancy decontrol.
• Minneapolis: As of early 2024, voters have approved the possibility of rent control, but local details are still being determined.

If your city ordinance includes rent control with vacancy decontrol language, it’s important to check exactly how the law applies to your unit and what changes when a unit becomes vacant.

How Does Vacancy Decontrol Affect Tenants?

For renters in units under rent stabilization:

• When a tenant moves out, the landlord may be permitted to set a new rental rate for the next tenant.
• This new rent will typically become the “base rent” for the following rent stabilization limits.

The rules on how much a landlord may increase the rent after a vacancy are detailed in local ordinances and rent stabilization programs.

St. Paul’s Rent Stabilization Ordinance (with Vacancy Decontrol)

St. Paul’s rent stabilization amendment now allows landlords to reset rent to market rates when a unit becomes vacant. The city’s official guidance on rent stabilization and vacancy decontrol in St. Paul clarifies:

• When a tenant leaves a rent-stabilized apartment, the landlord can set the rent at any rate for the new tenant.
• After this new rent is set, the annual rent increase cap resumes, based on the city’s rules (typically 3% per year unless an exception applies).

Official Tribunal or Board Handling Residential Tenancy Matters

In Minnesota, tenant-landlord issues (including disputes about rent increases or habitability) are usually addressed in the Housing Court or through Minnesota District Courts’ Housing Court. For official rent control questions in St. Paul, contact the St. Paul Department of Safety & Inspections - Rent Stabilization Program.

Relevant Forms and How to Use Them

• St. Paul Rent Stabilization Appeal Form (access here):
  This form is for tenants or landlords who disagree with a decision about rent adjustments under St. Paul’s Rent Stabilization program. Use it if you believe a landlord has improperly increased rent or if you want to appeal an exemption request. For example, if your landlord claims a vacancy decontrol exemption and you believe it’s not applicable, you can file this appeal.

Minnesota Tenancy Legislation

Most renter protections in Minnesota—including rules on notices, rent increases, and evictions—are governed by the Minnesota Statutes Chapter 504B – Landlord and Tenant, often referred to as the Landlord and Tenant Act.

What Should Renters Do If They Suspect Unlawful Rent Increases?

If you receive a rental increase notice that seems to ignore local rent control/vacancy decontrol laws:

• Read the city’s rent stabilization ordinance and your lease terms
• Request written documentation from your landlord about any new base rent or exemptions
• Contact your local rent stabilization office or housing court for clarification
• File an appeal with the relevant agency if you believe the rent has been unlawfully raised

When in doubt, always keep copies of your lease, correspondence, and any rent-increase notices. Acting early helps protect your rights.

Frequently Asked Questions

1. Does Minnesota have statewide rent control?
   No, Minnesota does not have statewide rent control. Cities like St. Paul and Minneapolis, however, have passed or considered local rent control measures that may include vacancy decontrol provisions.
2. Can my landlord raise my rent after I move out?
   In St. Paul, yes—the landlord may reset the rent to market rates after you move out, then future rent increases must follow city stabilization rules. Always check your city’s ordinance for details.
3. How do I appeal a rent increase I believe violates rent stabilization laws?
   In St. Paul, renters can file a Rent Stabilization Appeal using the official appeals form.
4. Which agency oversees rent stabilization in St. Paul?
   The St. Paul Department of Safety & Inspections - Rent Stabilization Program is the official resource.

Key Takeaways for Minnesota Renters

• Vacancy decontrol means rent can be reset at market rate when a tenant leaves a rent-stabilized unit—most relevant in St. Paul.
• If you think your new rent or rent increase violates local law, use official forms and reach out promptly for support.
• Minnesota’s Landlord and Tenant Act always protects your core rights as a renter.

Staying informed about local rules helps renters avoid surprises and stand up for their rights.

Need Help? Resources for Renters

• St. Paul Rent Stabilization Program: Rules, eligibility, forms, and contact info
• Minnesota Housing Court: Guidance and filing instructions for tenant-landlord disputes
• Minnesota Attorney General’s Landlord and Tenant Resources: Plain-language guides for renters
• LawHelpMN: Your Rights When Renting in Minnesota

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1. See: St. Paul Rent Stabilization - Frequently Asked Questions.
2. Minnesota Statutes Chapter 504B – Landlord and Tenant.
3. St. Paul Department of Safety & Inspections – Rent Stabilization Program.
4. Minnesota District Courts – Housing Court.

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