Minnesota Statutes Chapter 504B Landlord and Tenant govern month-to-month lease agreements. State laws do not limit the amount that a landlord may charge a new tenant as a security deposit. However, when a tenant moves out of the rental unit, the landlord must return the security deposit within 21 days. If the landlord keeps some or all of the security deposit, they must provide the tenant with written notification that lists a specific reason under Minnesota law §504B.178.3. The landlord may keep the security deposit to cover nonpayment of rent, to repair damage to the property caused by the renter that exceeds normal wear and tear, or “In any action concerning the deposit, the burden of proving, by a fair preponderance of the evidence, the reason for withholding all or any portion of the deposit shall be on the landlord.”
Landlords and property managers involved in month-to-month tenancy may wish to seek legal advice to ensure that they understand Minn. Stat. and federal law and how they impact tenancy at will scenarios. You can learn more about your rights if the tenant fails to make their rent payment or what defines reasonable notice if you need to enter the premises. Seeking advice is a good way to protect your interest in your real estate.
According to §504b.135, the notice period for lease termination of a Minnesota month-to-month lease is 30 days. The law also specifies that it must be a written notice.