Minnesota Late Fee Law
Minnesota limits residential late fees by statute. Up to 8% of the overdue rent payment; only if agreed in writing and the agreement states when the fee is imposed. For tenancies under a housing assistance payments contract, calculated only on the tenant's share of rent. Conflicting federal subsidy rules may override. State law sets no grace period, so any grace period comes from the lease.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Minnesota late fee law at a glance
| Late-fee cap | Up to 8% of the overdue rent payment; only if agreed in writing and the agreement states when the fee is imposed. For tenancies under a housing assistance payments contract, calculated only on the tenant's share of rent. Conflicting federal subsidy rules may override.Minn. Stat. § 504B.177 |
|---|---|
| Grace period | No state grace periodMinn. Stat. § 504B.177 (no grace period) |
| Notice before filing for unpaid rent | 14 days (14-day pre-eviction notice for nonpayment (Minn. Stat. § 504B.321, subd. 1a))Minn. Stat. § 504B.321, subds. 1(d), 1a |
Late-fee cap
- In effect since .
- Before : Same 8% cap and written-agreement requirement; no express rule limiting the fee to the tenant's portion of subsidized rent.
Notice before filing for unpaid rent
- In effect since .
- Before : No statewide pre-filing notice: a landlord could file an eviction as soon as rent was late (and could end a tenancy at will on 14 days' notice to quit for nonpayment under former § 504B.135(b)).
What Minnesota law says
Is there a limit on late fees in Minnesota?
A late fee is allowed only if the lease says so in writing and states when it applies, and it may not exceed 8% of the overdue rent payment (Minn. Stat. § 504B.177).
Does Minnesota require a grace period before a late fee?
Minnesota requires no grace period, so a late fee may apply the day after rent is due if the written lease says when the fee is charged (Minn. Stat. § 504B.177) (Minn. Stat. § 504B.177 (no grace period)).
How much notice must a Minnesota landlord give for unpaid rent?
Before filing an eviction for unpaid rent, deliver personally or by first-class mail a written notice with the itemized amount due and the statutory legal-help and financial-help statements, then wait 14 days (or longer if a local ordinance requires) (Minn. Stat. § 504B.321, subd. 1a) (Minn. Stat. § 504B.321, subds. 1(d), 1a).
How Minnesota compares
20 of 51 verified jurisdictions cap late fees by statute. 14 require a grace period.
None of Minnesota's 4 neighbors follows the same rule.
| Late-fee cap · grace period | States |
|---|---|
| Statutory formula · none | Minnesota |
| Statutory standard, no fixed amount · none | Iowa |
| No state cap · none | North Dakota, South Dakota, Wisconsin |
Local rules in Minnesota
St. Paul has voter-approved rent stabilization (3% annual cap, adopted by ballot in 2021 and amended by the City Council since, including exemptions for newer buildings). Minneapolis limits the amount of security deposits (Mpls. Code § 244.2040, per the AG handbook) and has other renter-protection ordinances. Local governments may require a pre-eviction nonpayment notice longer than the state 14 days (Minn. Stat. § 504B.321, subd. 1a(c)).
Other Minnesota rules
| Security deposit limit | No state capMinn. Stat. § 504B.178 (no amount limit) |
|---|---|
| Deposit return deadline | 21 days after the lease endsMinn. Stat. § 504B.178, subd. 3(a) |
| Entry notice | 24 hours' noticeMinn. Stat. § 504B.211, subds. 2-6 |
| Rent-increase notice | No state ruleMinn. Stat. § 504B.147, subd. 3 |
| Month-to-month termination | 30 days (either side)Minn. Stat. § 504B.135, Minn. Stat. § 504B.147 |