Can My Landlord Enter My Home? A Tenant’s Right to Privacy

Minnesota law says that a landlord or caretaker can only enter your apartment for a business reason or an emergency. If it is for a business reason, the landlord has to tell you 24 hours ahead of time. A landlord can’t make you sign anything giving up your right to know ahead of time if they want to enter your apartment. Some cities have tenant privacy laws in their housing codes. You can find out by calling the housing inspection office or the mayor of your city. 

The law lists some examples of business reasons:

• If your lease is about to end or you have given notice to move, the landlord can show the apartment to a new tenant.

• The landlord can show the apartment to someone who may buy it.

• To do maintenance work or allow inspections.

• To do pre-arranged housekeeping in senior citizens’ housing.

• A tenant is causing a disturbance in an apartment.

• The landlord has reason to think the tenant is violating the lease in the apartment.

• The landlord has reason to think someone is living there without permission.

• The tenant has abandoned the apartment. The landlord must have reason to believe the tenant abandoned the apartment before entering.

The landlord has to give you notice at least 24 hours ahead of time. The notice has to give a specific time or window of time. The time has to be between 8:00 am and 8:00 pm unless you agree to something different. The notice does not have to be in writing. 

If a landlord enters your home without notice while you are out, they have to leave a note in a place where you can see it. 

Note: If a landlord has a business reason to enter your apartment and has given you 24-hour notice then they have the right to enter between 8am and 8pm. They can enter even if the timing is not convenient for you, or you are not home. If you asked your landlord to make repairs, that is a good business reason to enter your apartment. 

In an emergency, your landlord can come in your apartment without telling you first. It is an emergency if:

• There is a maintenance, building security, or crime problem in an apartment that may harm a person or property

• The landlord thinks that you or someone in the home is in danger.

• The landlord thinks there is illegal activity.

Send a letter to the landlord telling your landlord to stop. Include a copy of this fact sheet. Date your letter and keep a copy. Give your landlord 14 days after your letter to stop the privacy violation. If they do not stop, you can file a Rent Escrow case for a court order telling the landlord to stop and asking for money (damages).

You can ask the court to give you back your rent money, plus a penalty of up to $500, and reasonable lawyer fees for each privacy violation. How much rent you get back, and how much the penalty is, depends on how bad the violations were. You can also ask the court to cancel your lease so that you can move out.

Remember: Wait 14 days after you send the letter to the landlord and then file the case. Bring a copy of the letter to file with the court.

A Rent Escrow form is in the "View or print documents" box on this page. To start a Rent Escrow case, fill it out and take it to your county courthouse along with your rent money. 

You do not need to check the boxes on the form that are for repair problems if your home is in good repair and/or the only issue you want help with is protecting your privacy.

You don’t need to wait until your rent is due to file a rent escrow. But you must pay all the rent into court when it is due. If you don’t pay all of the rent that is due into court when you start a rent escrow case, your landlord could counterclaim to evict you.

You do not have to pay a filing fee if you have a low income. Ask the court clerk for an IFP (court fee waiver) form or create one online.

• Go to www.lawhelpmn.org/forms.
• Click on Court Fee Waiver (IFP)

When you file your IFP make sure you have proof of your low income, like pay stubs, or proof of government assistance.

The law does not apply if you own your mobile home and rent a space. It may apply if you rent both the home and the space from your landlord.