When The Landlord Will Not Fix It
Minn. Stat. 504B.161 — covenants no lease can waive, and rent escrow with the court after 14 days
In every Minnesota residential lease the landlord covenants:
- That the premises and common areas are fit for the use the parties intended.
- To keep them in reasonable repair, including extermination of insects, rodents and other pests, except damage the tenant's willful, malicious or irresponsible conduct caused.
- To make them reasonably energy efficient where the measures pay for themselves.
- To keep them in compliance with health and safety laws, including rental licensing ordinances.
- To supply heat of at least 68 degrees Fahrenheit in all living areas, including kitchens and bathrooms, from October 1 through April 30, unless a utility requires it lowered.
The parties may not waive or modify these covenants. A tenant may agree to do specified repairs only for adequate consideration and in a conspicuous writing, and such an agreement cannot waive the covenants or the landlord's duty to maintain common areas.
Rent escrow after 14 days. For a violation other than a code violation, the tenant gives the landlord written notice of it. If it is not corrected within 14 days, the tenant may deposit the rent due with the court administrator along with an affidavit. For a code violation, the tenant deposits the rent with the inspector's written notice once the time given for repairs has run out.
While the case is pending, rent is paid to the court or as it directs and may not be withheld. A landlord who says the full rent was not deposited may counterclaim for possession, heard not less than seven nor more than 14 days after filing. On a tenant's request, the local code authority inspects, tells both sides in writing of any violation, and allows a reasonable time to correct it.
Sources for this section (3)
- Minn. Stat. 504B.161 — Covenants of landlord or licensor
- Minn. Stat. 504B.385 — Rent escrow action to remedy violations
- Minn. Stat. 504B.185 — Inspection; notice
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.