As a landlord, you do own the property. But if you have a tenant living in that property who has signed a rental contract, they have a right to privacy. Even as the owner, you cannot just enter their apartment whenever you want.
Minnesota recently revised the law in January of 2024. Moving forward, landlords will always have to give tenants 24 hours of notice at a minimum. They can give less notice in some situations, such as if the tenant agrees to it, but a landlord is obligated to provide notice 24 hours in advance unless there’s another arrangement. If you simply go into the apartment, that could be a violation of the tenant’s rights and they may take legal action. In some cases, landlords have to pay a $500 fine for every time they have violated this rule.
Another thing to note about the changes to the law is that the landlord has to enter the apartment between 8:00 AM and 8:00 PM. You have a 12-hour window, even if you provide advance notice. You cannot enter the apartment without permission at 10:00 PM, for example, just because you notified the tenant you would do so yesterday.
Are there exceptions?
There are some exceptions to these rules, the first of which is consent from the tenant. But you may also be able to enter if there’s an emergency situation – a fire, a gas leak, etc. Maybe you think it’s necessary to protect the property or the tenants themselves.
But outside of these emergencies or instructions from law enforcement officers, you must adhere to the new regulations. If you find yourself in dispute with a tenant, be sure you know what legal options you have.
