What resources are available for information about leases and Tenant-landlord laws?If you need clarification of your lease or Minnesota and North Dakota tenant/landlord law, contact your landlord or visit the following resources:

MinnesotaMinnesota Attorney General

ag.state.mn.us/Consumer/housing/lt/Legal Aid MN

lawhelpmn.org/issues/housingHOME Line Tenant Advocacy Organization

homelinemn.orgMinnesota Multi-Housing Association

www.mmha.comU.S. Landlord MN

uslandlord.com/laws/mn.htmlUnited Way

help line - call 211

North DakotaNorth Dakota Attorney General

ag.nd.gov/Brochures/FactSheet/TenantRights.pdfLegal Services of North Dakota

legalassist.orgU.S. Landlord ND

uslandlord.com/laws/nd.htmlNational Tenant/Landlord Guides

rentlaw.com/northdakota.htmUnited Way

help line - call 211

I’m having a dispute with a fellow resident; can the landlord or rental company get involved?Your landlord’s policies may restrict intervention unless there has been a violation of the lease. Document the incident or issue to report to the landlord or management company; contact the police if you feel it necessary. If onsite staff is present, they may enforce a reasonably quiet, constrained environment, but police involvement is necessary if a crime is being committed. If you do need to contact the police, the landlord should be notified as well, as they may not be aware that the police have been called to their property.

Is the landlord allowed to enter my rental unit?Your landlord does have the right to enter the rental unit in an emergency or after they have given reasonable notice. Minnesota and North Dakota laws do not give a specific amount of time that is considered “reasonable notice. Remember, if there is an emergency, they may enter right away. If there is not an emergency, the landlord does not need your permission, only “reasonable notice” and a “reasonable business purpose” to enter the property.

My landlord is being foreclosed upon, what options does the law afford me?After receipt of a Sheriff’s sale notice, you have 9 months remaining on your tenancy. Contact one of the resources the BBB gives in this guide, as this is a complex issue.

There are bed bugs in my house or rental unit and I am now being charged for their removal, is this allowed?Bed bug extermination fees are, in most cases, not the tenant’s responsibility. The landlord must prove beyond a reasonable doubt that the tenant is responsible for the infestation in order to bill them for the extermination services.

My landlord will not respond to repair orders; what remedies are available to me?If a landlord is unresponsive to repair requests you may contact the BBB or use one of the resources listed above.

Better Business Bureau of Minnesota and North Dakota220 S. River Ridge Circle, Burnsville, MN 55337

651-699-1111 • ask@thefirstbbb.org • bbb.org

BBB Consumer Tips for Rental Property Management

These tips were created by the Better Business Bureau, with input from representatives of the local rental property management industry. They are intended to assist consumers in understanding the practices and procedures of the rental housing industry. The information in this brochure is not meant to be taken as legal advice.

What is a lease? What steps should I take before signing mine?A “lease” is a legally binding contract. It will specify when the rent is due, when and what late fees may apply, what forms of rent payment are accepted, and tenant/ landlord obligations. A lease can be in either written or oral form, but written leases will help as a reference for both consumers and businesses should a dispute arise. By signing or agreeing to the lease, you are stating you understand its terms and provisions. Review the lease thoroughly and ask questions of your landlord (or seek outside help) to be sure you understand all of its provisions, rights, and responsibilities. If you don’t understand your lease, ask the landlord to walk through it and explain the provisions to you. If provided, review and understand the tenant handbook at the beginning and end of your tenancy to educate yourself on the unique policies that you need to know about your rental.

Do my roommates have to sign the lease as well? All occupants are usually required to be signed onto the lease, but this is at the discretion of the landlord.

What if I wish to sublet the unit at a later date?The lease will specify what steps you should take if you wish to sublease, but always contact the landlord to discuss the process.

What should I do to record and report damage to the unit noticed during move-in?As a tenant, the best way to ensure your security deposit will be returned at the time of move-out is to report damages at move-in or you may be held responsible for them at the end of the lease. Do a walk-thru of the rental unit upon move-in and move out; bring a camera and take pictures or a short video of the conditions of the unit. Report any damages prior to move-in as soon as possible to avoid being held responsible at the end of the lease. Photos or a video as evidence may be helpful in recovering your security deposit at the end of the tenancy. Refer to your rental company’s policy on when to report damages.

What types of payment can I use to pay rent; will I receive a receipt after the transaction?For security reasons, many rental companies will not accept cash as a form of payment. Your lease will specify what forms are accepted. Minnesota law requires landlords to provide a receipt for rent that is paid in cash. It is considered best practice for landlords to provide a receipt in North Dakota. Paying by check or money order will help to make sure your rent is applied to your account. The most important piece of advice about paying rent is to be able to prove that you have paid.

When should I pay my rent, and who is liable for it?Rent is traditionally due on the 1st of the month, but your lease will specify the day rent is due, as well as the amount and timeline of when late fees will be applied. Each roommate may be liable for the total amount of the month’s rent, not just their individual portions. Not all landlords have a grace period between when the rent is due and when a late fee is assessed. Minnesota law currently caps late fees at 8% of the total amount due.

How do I report damage to the unit to the landlord? How quickly will repairs be made?To ensure prompt repairs, any damages must be reported to the landlord or rental company. Refer to your lease for specifics on how to report repairs and keep a copy of the repair order in writing as documentation. Once received, it is the industry standard to acknowledge these requests within 24 hours (not including holidays and weekends, unless the repair is an emergency). Just a reminder, your definition of an emergency may be different from your landlord’s; emergencies are generally defined as damage to the unit that makes it uninhabitable. (Ex: lack of running water, heat, or functioning toilets).

Am I allowed to paint, repair, or modify my rental unit?The lease will specify what repairs or modifications, if any, may be made to the unit. You should also contact the landlord for more information. Generally speaking, rental units must be returned to the same condition as when they were rented. Most landlords prefer to make most repairs rather than have tenants do repairs.

What can I do to prevent forfeiting all or part of my security deposit after the lease ends?Review the move-in and move-out forms and complete walkthroughs at both times to make sure you are not accidentally charged for damage you did not create. Taking pictures before and after is a valuable step should there be a dispute later. Additionally, clean your rental unit before moving out. It will cost less to clean the unit yourself than it will for the company to complete the work. Some rental companies have lists of authorized cleaners who know the standards for that landlord; it may be a good use of time and money to hire a cleaning company. Don’t try to do any major repairs yourself.

What damages to the unit am I liable for?Any damages above ordinary “normal wear and tear” can be charged after you have vacated the unit. There is no formal definition of “normal wear and tear,” and the interpretation will vary, but a general rule of thumb is to return the unit to the condition it was found in. Tenants who believe they have been charged for something defined as normal wear and tear should approach their landlord in writing, contact the BBB, or seek legal advice.

What should I keep my landlord informed of during my tenancy?Surprises are bad! Communication is your best resource to prevent conflicts, especially regarding payment. Keep your rental company informed of any relevant information. (For example: rent being paid late, extended periods of time out of town, repairs, etc.) Contact your landlord beforehand if you anticipate a rent payment may be late to see if it is possible to make payment arrangements.

I need to vacate my rental unit before the end of my lease, what steps should I take?Generally speaking, tenants are not able to break a lease (cases of domestic abuse, an uninhabitable residence, death, or military deployment are the only legal exceptions). If you have to leave your unit before the end of your lease, talk to your landlord to review procedures for moving out before the end of the rental term. It is also important to keep in mind that there may be consequences (such as additional fees) for terminating a lease early.

Frequently Asked Questions