Minnesota Statewide Rule
Minnesota Late Fee Limits (Minn. Stat. Sec. 504B.177)
Key Facts
- Late fee cap
- 8% of overdue rent (Sec. 504B.177)
- Written agreement
- Required before any late fee
- Must specify
- When the late fee is triggered
- Legal character
- Not interest or liquidated damages
Summary
Minn. Stat. Sec. 504B.177 caps late fees on residential rent at 8% of the overdue rent payment and allows a late fee only if landlord and tenant agreed to it in writing. The statute says a late fee may never exceed eight percent of the overdue rent, and the agreement must specify when the fee applies.
504B.177 LATE FEES. (a) A landlord of a residential building may not charge a late fee if the rent is paid after the due date, unless the tenant and landlord have agreed in writing that a late fee may be imposed. The agreement must specify when the late fee will be imposed. In no case may the late fee exceed eight percent of the overdue rent payment. Any late fee charged or collected is not considered to be either interest or liquidated damages. For purposes of this paragraph, the "due date" does not include a date, earlier than the date contained in the written or oral lease by which, if the rent is paid, the tenant earns a discount. (b) Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting late fees for a tenancy subsidized under a federal program conflicts with paragraph (a), then the landlord may publish and implement a late payment fee schedule that complies with the federal statute, regulation, or handbook. (c) A late fee charged by a landlord who has entered into a housing assistance payments contract with the federal, state, or local government must be calculated and assessed only on the portion of rent payable by the tenant. For the purposes of this paragraph, "housing assistance payments contract" means programs described in United States Code, title 42, sections 1437f and 1485, as well as other programs under which the landlord contracts to receive rent from the tenant and also to receive payment from the government.
Full Breakdown
Under Minn. Stat. Sec. 504B.177(a), 'a landlord of a residential building may not charge a late fee if the rent is paid after the due date, unless the tenant and landlord have agreed in writing that a late fee may be imposed,' and the agreement must state when the fee will be charged. The statute sets a hard cap: 'In no case may the late fee exceed eight percent of the overdue rent payment.' The 'due date' for this calculation excludes any earlier discounted-payment date in the lease, and a late fee is not treated as interest or liquidated damages. Federal housing-assistance program rules may govern instead where they apply.
Violations & Penalties
A late fee charged without a written agreement, or one exceeding 8% of the overdue rent, is unlawful under Sec. 504B.177; the tenant is not obligated to pay the unlawful portion and may raise it as a defense or seek recovery.
Frequently Asked Questions
How much can a Minnesota landlord charge for late rent?
Can a Minnesota landlord charge a late fee with no written agreement?
Sources
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