What Every Landlord Should Know: Rights, Responsibilities, and Common Mistakes

Managing residential rental property successfully requires balancing business acumen, legal awareness and practical risk management. Whether you are leasing your first unit or managing a growing portfolio, here are some essential guidelines to help you.

Tenant Communication Best Practices

One of the best ways to prevent disputes between landlord and tenant, keep good tenants longer, and protect your property is to keep communication with your tenants as a structured business process rather than informal chatter. Here are some simple tips to follow:

• Establish proper communication channels:

  • Outline communication channels in your written lease whether that be an online portal, designated email address or phone number. Avoid managing communication via texts which can often be lost.

  • Include:

    • Business hours in your lease for non-emergency issues.

    • How to contact you in an emergency but be sure to include examples of a true emergency.

    • Target response times and recommended communication channel based on severity of the issue. Including this information can help alleviate uncertainty which can lead to frustrated tenants.

• Maintain Paper Trails

  • Document everything in writing. Send follow-ups via email or portal messages after receiving a phone call or an in-person conversation to summarize the discussion.

  • Log maintenance issues including submission date and times, when the landlord acknowledged it, when a contractor was dispatched and when work was completed.

  • Always deliver statutory communications like rent changes and lease renewals via written format that complies with Minnesota law.

• Give Proper Notice Before Entry

  • Respect and follow statutory requirements for entry into an occupied unit. Never drop by unannounced.

  • It is helpful to provide context and a window of time for the needed entry to their unit. List the purpose for the entry (e.g., annual HVAC service) and a reasonable time range (e.g., Tuesday between 10 am and 12 pm).

• Develop a Standardized Onboarding and Offboarding Processes

  • To make the move-in and move-out process as seamless as possible for all involved, create a comprehensive welcome packet that serves as a move-in guide for items such as garbage pick-up days, parking policies, rent payment methods, etc.

  • The move-out process can also include a clear checklist outlining expectations for cleaning and normal wear and tear to prevent deposit disputes.

• Remain Professional Even During Conflict

  • Conflict can arise so remember to remain professional in all communications.

    • Focus on facts, not emotions.

    • Avoid accusatory language.

    • Acknowledge and validate.

MN Security Deposit Rules and Common Errors

Security deposits must be returned to tenants within three weeks of their termination of tenancy along with 1% statutory simple interest (1% annually). Landlords can withhold funds from the return of a security deposit for:

• Unpaid rent or fees

• Damage beyond normal wear and tear to restore the unit back to its initial condition.

  • Normal wear and tear that cannot be charged back to the tenant would be items such as faded paint, worn carpet traffic lanes, minor flooring scuffs, loose door handles.

  • Tenant damage is items such as large holes in the walls, stains or burns in the carpet, broken appliances or windows, or unauthorized alterations to the unit.

After notification by either the landlord or the tenant of their intention to terminate tenancy, the landlord must notify the tenant, in writing and five days before tenancy ends, of the tenant’s option to request a move-out inspection (and the tenant’s right to be present for). This gives the tenant the opportunity to remedy any identified damage to avoid deductions from the return of their security deposit.

When to Call an Attorney vs. Handle it Yourself

Knowing when to bring in a landlord law attorney often comes down to evaluating risk, complexity and understanding statutory penalties. While routine tasks can be managed independently there are high-risk situations where an attorney can help guide you through a potential procedural mistake such as:

• Updating contractual documents such as leases

• Understanding new laws

• Executing an eviction

• Threat of litigation by tenant

• Discrimination complaints

• Illegal activity on the property

Many day-to-day items can be handled by the property management team but if a dispute escalates, a good rule is if it can end up in front of a judge or there is potential for a violation with a penalty, the cost of an attorney is lower than the cost of fixing a mistake later.

Whether you’re an existing landlord or buying your first rental property the Blethen Berens landlord law team is here to help you navigate the processes and Minnesota Statues for Landlords and Tenants.