RESIDENTIAL LEASE AGREEMENT

(Minnesota – Single-Family or Multi-Unit Residential Premises)

[// GUIDANCE: This template is intended for use by Minnesota‐licensed attorneys or attorneys admitted pro hac vice. Customize bracketed terms, remove guidance notes prior to execution, and conduct a final jurisdiction-specific review.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Premises and Term
4. Rent; Additional Charges
5. Security Deposit
6. Use and Occupancy
7. Habitability; Maintenance and Repairs
8. Utilities and Services
9. Alterations; Fixtures
10. Insurance
11. Indemnification; Limitation of Liability
12. Default; Remedies
13. Surrender; Holding Over
14. Risk Allocation and Force Majeure
15. Dispute Resolution; Governing Law
16. Notices
17. General Provisions
18. Execution Block

1. DOCUMENT HEADER

This Residential Lease Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

1. Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] organized under the laws of [STATE], whose address for notice is [LANDLORD ADDRESS] (“Landlord”); and
2. Tenant: [TENANT FULL NAME], whose address for notice is [TENANT ADDRESS] (“Tenant,” and together with Landlord, the “Parties,” and each, a “Party”).

Recitals
A. Landlord is the fee owner or lawful lessor of the residential real property located at [PROPERTY ADDRESS], including any appurtenant parking areas, common areas, and fixtures (collectively, the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, upon the terms and subject to the conditions set forth herein, for valuable consideration, the receipt and sufficiency of which are acknowledged.

NOW, THEREFORE, the Parties agree as follows:

2. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below. Any term not defined herein shall have its ordinary meaning under Minnesota law. Defined terms may be used in singular or plural form as the context requires.

“Additional Rent” – Any monetary obligation of Tenant other than Base Rent, including late fees, utilities, damages, and any other amounts payable to Landlord under this Agreement.

“Base Rent” – The fixed monthly rent of $[BASE RENT AMOUNT] payable in advance on or before the First (1st) day of each calendar month during the Term.

“Interest Rate” – Three percent (3%) per annum, or such other rate as may be prescribed by Minn. Stat. § 504B.178, subd. 2(c), as amended.

“Lease Year” – Each twelve (12) month period commencing on the Commencement Date or an anniversary thereof.

“Security Deposit” – The amount of $[SECURITY DEPOSIT AMOUNT] deposited by Tenant with Landlord pursuant to Section 5.

“State Housing Court” – The district court housing division (or equivalent) having jurisdiction over the Premises pursuant to Minn. Stat. ch. 484.

“Term” – The period beginning on the Commencement Date and expiring on the Expiration Date, unless sooner terminated pursuant to this Agreement or applicable Law.

3. PREMISES AND TERM

3.1 Lease of Premises. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Term set forth in Section 3.2.

3.2 Term.
a. Commencement Date: [LEASE START DATE]
b. Expiration Date: [LEASE END DATE]
c. Early Occupancy. If Tenant takes possession prior to the Commencement Date with Landlord’s prior written consent, all terms of this Agreement (including Tenant’s obligation to maintain insurance) shall apply during such early occupancy.
d. Renewal. [INSERT automatic renewal OR deliberate non-renewal language].
e. Month-to-Month Tenancy. Absent a signed renewal, continued occupancy after the Expiration Date converts the tenancy to a month-to-month tenancy governed by this Agreement and Minn. Stat. § 504B.135.

3.3 Possession. If Landlord is unable to deliver possession on the Commencement Date for reasons beyond Landlord’s control, the Commencement Date shall be deferred until possession is delivered, and Landlord shall not be liable for damages; however, Tenant may terminate this Agreement by written notice if possession is not delivered within [X] days after the Commencement Date.

4. RENT; ADDITIONAL CHARGES

4.1 Base Rent. Tenant shall pay Base Rent without set-off, deduction, or demand, in lawful U.S. currency, to Landlord at the address stated herein (or such other address as Landlord designates).

4.2 Method of Payment. [SPECIFY acceptable methods: check, ACH, online portal, etc.].

4.3 Late Fee. If any installment of Rent is not received within five (5) days after the due date, Tenant shall pay a late fee equal to the greater of (i) eight percent (8%) of the overdue amount or (ii) $50, not exceeding limits under Minn. Stat. § 504B.177.

4.4 Returned Payments. Tenant shall pay $[NSF FEE] plus bank charges for any instrument returned unpaid.

4.5 Additional Rent. All amounts other than Base Rent payable by Tenant are deemed “Additional Rent” and are due within ten (10) days after Landlord’s invoice or, where applicable, simultaneously with the next installment of Base Rent.

[// GUIDANCE: Reconcile late fee and returned payment charges with Minn. Stat. §§ 604.113 & 504B.177.]

5. SECURITY DEPOSIT

5.1 Deposit and Holding. Concurrently with execution, Tenant shall deposit the Security Deposit with Landlord. Landlord shall hold the Security Deposit in compliance with Minn. Stat. § 504B.178 in an interest-bearing account unique to deposits (or bond in lieu of account if permissible).

5.2 Permitted Uses. Landlord may apply the Security Deposit to (i) unpaid Rent, (ii) costs of repairing damages beyond ordinary wear and tear, (iii) other lawful charges.

5.3 Interest; Return. Landlord shall return the unused portion of the Security Deposit, plus accrued simple interest at the Interest Rate, within twenty-one (21) days after (a) termination of the tenancy and (b) Tenant’s delivery of possession, accompanied by an itemized statement of any deductions.

5.4 Tenant Forwarding Address. Tenant shall provide Landlord in writing a forwarding address before vacating. Landlord’s obligation to mail the itemized statement and any refund is satisfied upon mailing to the last address provided.

5.5 Non-Waiver. No provision herein shall be construed to waive or modify Tenant’s statutory rights or Landlord’s obligations under Minn. Stat. § 504B.178.

6. USE AND OCCUPANCY

6.1 Permitted Use. Residential purposes only. No commercial, business, or illegal activity is permitted.

6.2 Occupants. Occupancy is limited to Tenant and the following authorized occupants: [LIST NAMES]. Any additional occupant for more than [XX] consecutive days requires Landlord’s prior written consent.

6.3 Pets. [Permitted/Prohibited] subject to the Pet Addendum attached hereto as Exhibit A. Service and emotional support animals accommodated in accordance with law.

6.4 Compliance with Law. Tenant shall comply with all applicable federal, state, and local laws, rules, ordinances, and homeowners’ association regulations, including without limitation Minn. Stat. ch. 504B and Minneapolis or St. Paul housing codes (as applicable).

7. HABITABILITY; MAINTENANCE AND REPAIRS

7.1 Landlord’s Obligations. Landlord shall:
a. Maintain the Premises in compliance with Minn. Stat. § 504B.161 (Covenant of Habitability) and all local housing, building, health, and safety codes;
b. Keep all structural components, plumbing, heating, and essential facilities in good repair; and
c. Provide and maintain operational smoke alarms and carbon monoxide alarms as required by Minn. Stat. §§ 299F.362 & 299F.51.

7.2 Tenant’s Obligations. Tenant shall:
a. Keep the Premises reasonably clean and sanitary;
b. Promptly notify Landlord in writing of any required repairs or unsafe conditions;
c. Be responsible for damages caused by Tenant, Occupants, or guests, ordinary wear and tear excepted; and
d. Maintain any yard or exterior area assigned to Tenant in [reasonable/good] condition, including snow removal if designated in writing.

7.3 Repair Requests. Non-emergency repair requests must be submitted in writing. Landlord shall respond within a reasonable time consistent with Minn. Stat. § 504B.161. Emergencies threatening life, health, or property shall be reported immediately by telephone or other reasonable means.

7.4 Tenant’s Right to Repair and Deduct. Tenant may exercise the statutory repair-and-deduct remedy only in strict compliance with Minn. Stat. § 504B.425, following proper notice and waiting periods.

8. UTILITIES AND SERVICES

8.1 Utilities Paid by Landlord: [LIST].
8.2 Utilities Paid by Tenant: [LIST].
8.3 Allocation Method. Where utilities are sub-metered or ratio utility billing is used, Landlord shall provide the methodology and historical usage data upon request.
8.4 Interruption. Temporary interruption beyond Landlord’s reasonable control shall not constitute a constructive eviction or entitle Tenant to abate Rent, except as required by Minn. Stat. § 504B.131.

9. ALTERATIONS; FIXTURES

9.1 Alterations. Tenant shall not make any alterations, additions, or improvements without Landlord’s prior written consent. All permitted alterations shall be at Tenant’s sole cost, performed by licensed contractors, and comply with applicable codes.

9.2 Fixtures. Improvements affixed to the Premises become Landlord’s property upon installation unless otherwise agreed in writing.

9.3 Satellite Dishes/Antennas. Allowed only in compliance with FCC OTARD rules and with Landlord’s placement guidelines.

10. INSURANCE

10.1 Tenant Insurance. Tenant shall maintain renter’s insurance with (a) minimum $100,000 personal liability coverage and (b) personal property coverage sufficient to cover Tenant’s belongings. Tenant shall provide proof of coverage within ten (10) days after the Commencement Date and upon renewal.

10.2 Landlord Insurance. Landlord shall maintain property insurance covering the Premises’ structure. Tenant acknowledges such insurance does not cover Tenant’s personal property.

11. INDEMNIFICATION; LIMITATION OF LIABILITY

11.1 Tenant Indemnity. Tenant shall defend, indemnify, and hold Landlord, Landlord’s agents, and mortgagees harmless from and against all claims, damages, liabilities, and expenses (including reasonable attorney fees) arising from (i) Tenant’s use or occupancy of the Premises, (ii) any breach of this Agreement by Tenant, or (iii) the acts or omissions of Tenant, Occupants, or their invitees.

11.2 Limitation of Landlord Liability. To the fullest extent permitted by Minnesota law and public policy, Landlord’s aggregate liability to Tenant under this Agreement or related to the Premises shall not exceed the amount of the Security Deposit actually held by Landlord. Nothing herein shall limit liability for personal injury or property damage caused by Landlord’s gross negligence or intentional misconduct or as otherwise prohibited by Minn. Stat. § 504B.161, subd. 1.

[// GUIDANCE: Liability cap is unusual in residential leases; confirm enforceability with local counsel.]

12. DEFAULT; REMEDIES

12.1 Events of Default. The following constitute Tenant defaults:
a. Non-payment of Rent or Additional Rent when due;
b. Material breach of any covenant;
c. Criminal or nuisance activity on or adjacent to the Premises;
d. Falsification of rental application;
e. Unauthorized assignment, sublease, or occupancy.

12.2 Notice and Cure. Landlord shall provide written notice specifying the default and, if curable, a cure period of:
a. Non-Payment: Fourteen (14) days per Minn. Stat. § 504B.291;
b. Other Curable Defaults: Ten (10) days;
c. Non-Curable Defaults: No cure period required.

12.3 Landlord Remedies. Upon expiration of any applicable cure period, Landlord may:
i. Terminate this Agreement;
ii. Commence an eviction (unlawful detainer) action pursuant to Minn. Stat. §§ 504B.281–504B.371;
iii. Recover past due Rent, Additional Rent, and damages;
iv. Enter and take possession pursuant to court order; and
v. Pursue any other remedy available at law or in equity.

12.4 Attorney Fees. The prevailing Party in any action arising out of this Agreement shall be entitled to reasonable attorney fees and costs as permitted by Minn. Stat. § 504B.172.

13. SURRENDER; HOLDING OVER

13.1 Surrender. Tenant shall surrender the Premises broom-clean, free of personal property and debris, with all keys delivered to Landlord on or before the Expiration Date.

13.2 Abandonment. Personal property left behind is deemed abandoned and may be disposed of in accordance with Minn. Stat. § 504B.271.

13.3 Holdover Tenancy. If Tenant remains in possession without Landlord’s consent, Landlord may recover double Rent for the holdover period pursuant to Minn. Stat. § 504B.155.

14. RISK ALLOCATION AND FORCE MAJEURE

14.1 Force Majeure. Neither Party shall be liable for delays or failures in performance (other than payment obligations) caused by acts of God, war, terrorism, governmental orders, labor disputes, pandemic, or other events beyond reasonable control, provided the affected Party gives prompt notice and resumes performance as soon as practicable.

14.2 Casualty. In the event the Premises are damaged by fire or other casualty not caused by Tenant, Landlord shall repair within a reasonable time; Rent shall abate proportionately per Minn. Stat. § 504B.135. If Landlord elects not to restore, either Party may terminate this Agreement on ten (10) days’ written notice.

15. DISPUTE RESOLUTION; GOVERNING LAW

15.1 Governing Law. This Agreement shall be governed by the residential landlord-tenant law of the State of Minnesota (Minn. Stat. ch. 504B) without regard to conflict-of-laws principles.

15.2 Forum Selection. Any judicial action shall be filed exclusively in the State Housing Court having jurisdiction over the Premises.

15.3 Arbitration. The Parties expressly opt out of arbitration; all disputes shall be resolved in court.

15.4 Jury Trial. Nothing herein shall be construed as a waiver of either Party’s constitutional right to a jury trial.

15.5 Injunctive Relief. Landlord retains the right to seek injunctive or equitable relief, including but not limited to eviction or restraining orders, to prevent or remedy violations of this Agreement or applicable law.

16. NOTICES

All notices must be in writing and delivered (i) in person with signed acknowledgment, (ii) by certified U.S. mail, return receipt requested, (iii) by nationally recognized overnight courier, or (iv) by electronic mail with read receipt, if a hard-copy follow-up is also sent. Notices are deemed given upon receipt or the date delivery is refused.

Landlord Notice Address: [LANDLORD ADDRESS & EMAIL]
Tenant Notice Address: [TENANT ADDRESS & EMAIL]

17. GENERAL PROVISIONS

17.1 Amendment; Waiver. No amendment is effective unless in writing and signed by both Parties. Waiver of any breach is not a waiver of subsequent breaches.

17.2 Assignment; Sublet. Tenant may not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion.

17.3 Successors and Assigns. Subject to Section 17.2, this Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.

17.4 Severability. If any provision is held unenforceable, the remainder shall be enforced to the fullest extent permitted by law, and the unenforceable provision shall be reformed to reflect the Parties’ original intent consistent with applicable law.

17.5 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions or representations.

17.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures and facsimile copies shall be deemed originals for all purposes pursuant to the Uniform Electronic Transactions Act (Minn. Stat. ch. 325L).

17.7 Lead-Based Paint Disclosure. If the Premises were constructed prior to 1978, the federally mandated Lead-Based Paint Disclosure (Exhibit B) is incorporated herein.

17.8 Radon Disclosure. A Minnesota Radon Disclosure Statement (Exhibit C) is attached as required by Minn. Stat. § 144.496.

18. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: _______
Name:
Title:
Date:

TENANT:

[TENANT FULL NAME]
Date:

[OPTIONAL NOTARIZATION BLOCK]
State of ___ )
County of ____ )

On this ___ day of _, 20_, before me, the undersigned notary, personally appeared __________, known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: _____

EXHIBITS

Exhibit A – Pet Addendum (if applicable)
Exhibit B – Lead-Based Paint Disclosure (if applicable)
Exhibit C – Radon Disclosure Statement

[// GUIDANCE: Add any city-specific addenda (e.g., Minneapolis Renter Relocation Assistance) if the property is within a municipality that imposes additional requirements.]