Most Commonly Used Minnesota Lease Agreement
The most commonly used Minnesota lease agreements are commercial lease agreements, standard residential leases, month-to-month lease agreements, a lease to own agreement, a sublease agreement, and a roommate agreement.
All of the most commonly used Minnesota lease agreements use the same clauses. However, some have their own features while continuing to share some of the same similarities as the most common leases. Here are a couple of examples.
- A roommate agreement is a type of standard residential lease agreement. While it has all of the same clauses as a standard residential lease agreement, it also goes further by explaining which areas in the rental are for the sole use of the tenant and which areas are considered communal and may be used by all of the occupants.
- A standard residential lease agreement is usually written for a fixed-term of one year. At the end of that term, it may renew for another year or it may convert to a month-to-month lease. However, both fixed-term leases and month-to-month leases may have similarities. One of the most common similarities is that they both may require a 30-day written notice to move out at the end of the lease term if either party decides they do not wish to renew the agreement.
How to Write a Minnesota Lease Agreement
A Minnesota lease agreement must adhere to Minnesota’s landlord-tenant laws. If they fail to do so, they cannot be legally enforced. There are other laws that must also be considered. You’ll learn about a few of those laws under the sections related to disclosures and security deposits.
Since a lease agreement is a contract, it is important that you understand the terms before you sign it. Read it thoroughly or have it reviewed by an attorney.
A Minnesota lease agreement should contain the following:
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Names of the Parties - This includes the landlord's full name or the property management company's legal business name and the full name of the tenant(s).
- Property Address - This is the physical address for the rental property, including its city, zip code, and, if there is one, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes a lot of information. It includes the date that the lease begins, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This is the amount of the fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of money that the tenant must pay in advance of taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the unit. This includes the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - This includes the full name of each tenant even if they are a minor or are not signing the lease. This part of a Minnesota residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This explains which utilities or services a tenant does not pay.
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Parking - This informs the tenant whether they will receive a parking space. If a parking space is reserved and if there is a designated spot, the spot should be listed in this section.
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Furnishings - This tells the tenant what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or their property management company and tenant along with their respective mailing address. This contact information is used if the parties must send out a notice to the other party.
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Eviction - This section explains how eviction proceedings would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This section includes any other terms that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in a Minnesota Lease Agreement?
Under state law, all Minnesota residential lease agreements must state:
“Landlord and tenant promise that neither will unlawfully allow within the premises, common areas, or curtilage of the premises (property boundaries): controlled substances, prostitution or prostitution-related activity; stolen property or property obtained by robbery; or an act of domestic violence as defined by MN Statute Section 504B.206 (1)(e), against a tenant, licensee, or any authorized occupant. They further promise that the aforementioned areas will not be used by themselves or anyone acting under their control to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of Chapter 152.”
The landlord must also disclose if the property is being foreclosed on or if a deed of cancellation has been issued. If so, a tenant may not legally sign a lease that is longer than two months.
The landlord must disclose the identity of any person authorized to act on their behalf as related to the rental property.
The landlord must disclose if the premises has any outstanding inspection orders due to a property’s code infraction.
The landlord must provide reasonable notice before entering the property.
Finally, federal law dictates that if the residential unit was constructed in or prior to 1978, the landlord must provide a warning about the possibility of lead paint.
What You Need to Know About Minnesota Lease Agreement Deposits
In the State of Minnesota, there is no maximum security deposit. However, the landlord must return the security deposit within three weeks of the end of the lease.