Minnesota Statewide Rule

Minnesota Habitability and Repair Duties (Minn. Stat. Sec. 504B.161)

Heavy RestrictionsApplies statewide across Minnesota (2026)

Key Facts

Core covenants: Fit for use, reasonable repair, health/safety compliance
Minimum heat: 68 degrees F, Oct 1-Apr 30
Waivable?: No (Sec. 504B.161, subd. 2)
Tenant remedies: Rent escrow Sec. 504B.385; remedies action Sec. 504B.395

Last verified: September 5, 2026

Summary

Minn. Stat. Sec. 504B.161 imposes non-waivable covenants that the premises are fit for the intended use, kept in reasonable repair, and in compliance with health and safety laws, plus minimum 68-degree heat from October 1 to April 30. Tenants can enforce these through a rent escrow action (Sec. 504B.385) or a tenant remedies action (Sec. 504B.395).

(a) In every lease or license of residential premises, the landlord or licensor covenants: (1) that the premises and all common areas are fit for the use intended by the parties; (2) to keep the premises and all common areas in reasonable repair during the term of the lease or license, including services and conditions listed in section 504B.381, subdivision 1, and extermination of insects, rodents, vermin, or other pests on the premises, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee; (3) to make the premises and all common areas reasonably energy efficient by installing weatherstripping, caulking, storm windows, and storm doors when any such measure will result in energy procurement cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing that measure, including interest, amortized over the ten-year period following the incurring of the cost;

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Full Breakdown

Under Minn. Stat. Sec. 504B.161, subd. 1, the landlord covenants that 'the premises and all common areas are fit for the use intended by the parties,' will be kept 'in reasonable repair during the term of the lease,' will be maintained in compliance 'with the applicable health and safety laws,' and will be made reasonably energy efficient. The landlord must also supply heat 'at a minimum temperature of 68 degrees Fahrenheit' in habitable areas from October 1 through April 30. These covenants cannot be waived: 'The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section.' Remedies include depositing rent with the court under the rent escrow statute (Sec. 504B.385) or bringing a tenant remedies action (Sec. 504B.395) for repairs, rent abatement, and fines.

Violations & Penalties

Through rent escrow (Sec. 504B.385) or a tenant remedies action (Sec. 504B.395), a court may order repairs, retroactive rent abatement, release of escrowed rent to fix violations, ongoing court deposits, and fines under Sec. 504B.391; covenants cannot be waived by lease.

Frequently Asked Questions

What must a Minnesota landlord maintain?

Under Sec. 504B.161 the landlord must keep the premises fit for the intended use, in reasonable repair, compliant with health and safety laws, reasonably energy efficient, and heated to at least 68 degrees from October 1 through April 30.

Can a Minnesota tenant withhold rent for repairs?

Not unilaterally; the tenant should use the rent escrow process (Sec. 504B.385), depositing rent with the court after written notice, or bring a tenant remedies action (Sec. 504B.395). While proceedings are pending the tenant must keep paying rent as directed by the court.

Can a Minnesota lease waive habitability?

No. Sec. 504B.161, subd. 2 states the parties may not waive or modify these covenants.

Sources

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