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Overview
Minnesota does not have specific mold legislation for residential properties. However, tenants are protected under the implied warranty of habitability established in Minnesota Statutes Chapter 504B, which requires landlords to maintain rental premises in a fit and habitable condition. Courts in Minnesota have found that mold can contribute to a property being uninhabitable, providing tenants with legal recourse when landlords fail to address mold problems. [Mold in Rental Housing - Minnesota Department of Health]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Minnesota tenants have the right to rental premises that are fit for the intended use and kept in reasonable repair. The landlord must maintain compliance with state, local, and federal health and safety laws. This covenant cannot be waived even if the lease states otherwise.
[Landlords and Tenants: Rights and Responsibilities - Minnesota Attorney General]
Right to File Rent Escrow Action
If a landlord fails to make repairs within 14 days of written notice, tenants may file a rent escrow action under Minn. Stat. 504B.385. The tenant deposits rent with the court, and the court may order repairs, reduce rent, or allow the tenant to break the lease. This right cannot be waived or modified by any lease agreement.
[Minn. Stat. 504B.385 - Rent Escrow Action to Remedy Violations]
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must ensure rental units are fit for habitation and kept in reasonable repair. This includes addressing conditions that could make the premises uninhabitable, such as mold growth resulting from moisture problems. Minnesota courts have found that mold can contribute to a property being uninhabitable.
Respond to Repair Requests
When tenants provide written notice of repair issues including moisture problems or mold, landlords should complete repairs within 14 days. Failure to respond may result in tenants filing a rent escrow action or seeking other legal remedies.
Remedies Available to Tenants
Rent Withholding
Available: Minnesota tenants may withhold rent through a rent escrow action under Minn. Stat. 504B.385. Tenants must first provide written notice to the landlord and wait 14 days for repairs. If repairs are not made, tenants deposit rent with the court rather than withholding it entirely. The court may order rent abatement, require repairs, or allow the tenant to break the lease. Simply withholding rent without court involvement is risky and may result in eviction.
[Landlords and Tenants: Rights and Responsibilities - Minnesota Attorney General]
Repair and Deduct
Available: Under the Minnesota Tenants Remedies Act, courts may authorize tenants to make repairs and deduct the cost from rent. This remedy is typically granted through court action rather than being an automatic tenant right. St. Paul and Duluth have local repair and deduct laws for heating problems, and Duluth extends this to water, electricity, gas, bathroom fixtures, deadbolt locks, and smoke detectors. In November 2025, Duluth voters approved a broader Right to Repair ordinance allowing tenants to deduct up to half a month rent or $500 (whichever is greater) for repairs after giving 14 days written notice.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Minnesota
Understanding Minnesota's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Minnesota's Humid Continental Climate
Minnesota has a humid continental climate with warm, humid summers and very cold winters. The state receives 25-35 inches of precipitation annually. Summer humidity frequently exceeds 70%, particularly in southern Minnesota. The extreme temperature differential between seasons (summer highs above 90°F, winter lows below -20°F) creates unique moisture challenges in buildings.
Cold Climate Moisture Challenges
Minnesota faces unique mold challenges related to its cold climate. Tight building envelopes designed for energy efficiency can trap moisture indoors. Winter condensation on cold surfaces is common. Minneapolis and St. Paul have extensive older housing with basements prone to moisture issues. Spring snowmelt and summer humidity create seasonal mold growth opportunities.
Basement Prevalence
Minnesota homes almost universally have basements due to frost line requirements. These basements are prone to moisture intrusion from groundwater, spring snowmelt, and humidity. Many older Minneapolis and St. Paul homes have original basement construction without modern waterproofing.
Winter Condensation
Minnesota's extreme cold creates severe condensation issues when warm, moist indoor air meets cold surfaces. Windows, exterior walls, and attics are vulnerable. Ice dams can cause roof leaks and water damage. These winter moisture problems can lead to mold growth that becomes apparent in spring.
Common Mold Types in Minnesota
Minnesota's extreme temperature differential between seasons creates unique moisture challenges. Tight building envelopes for energy efficiency can trap moisture indoors. Winter condensation on cold surfaces is common. Spring snowmelt causes basement flooding. Minneapolis and St. Paul have extensive older housing with basements.
Stachybotrys chartarum
Black mold found in chronically water-damaged homes. Minneapolis's older housing is particularly vulnerable due to basement moisture.
Aspergillus
Common throughout Minnesota, found in HVAC systems and water-damaged materials. Winter condensation can promote growth.
Cladosporium
Prevalent in Minnesota homes, especially in basements. Can grow at cold temperatures, making it problematic in winter.
Penicillium
Frequently found in water-damaged materials in Minnesota's cold climate where condensation is common.
Aureobasidium
Found on window frames and caulking where condensation occurs during Minnesota's cold winters.
Mold Professional Requirements in Minnesota
Implied Warranty of Habitability
Under Minnesota Statutes Section 504B.161, landlords have an implied covenant in every residential lease that the premises and all common areas are fit for the use intended by the parties. Landlords must keep the premises in reasonable repair during the term of the lease, maintain compliance with applicable health and safety laws, and keep premises reasonably energy efficient. These covenants cannot be waived by tenants and apply to all residential leases concluded or renewed since June 15, 1971. Recent 2023 legislative amendments expanded habitability protections to include common areas and added extermination requirements. [Minn. Stat. 504B.161 - Covenants of Landlord or Licensor]
Mold Disclosure Requirements
Notable Mold Court Cases in Minnesota
These cases have shaped mold litigation and tenant rights in Minnesota. Understanding legal precedents can help inform your own situation.
Minnesota AG v. HavenBrook Homes (2024)
Summary: Attorney General Keith Ellison sued HavenBrook Homes for under-maintenance of 600+ rental properties including mold, pest infestations, and habitability violations.
Outcome: $2.2 million restitution fund for tenants plus $1.987 million in rental debt forgiveness, totaling approximately $4.2 million.
Significance: Major AG enforcement action demonstrating state willingness to pursue corporate landlords for systemic mold and habitability violations across large portfolios.
Local Regulations
Some cities in Minnesota have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Minnesota mold law details.
Minneapolis, MN
Local mold risks, prevention priorities, and next steps for Minneapolis.
Saint Paul, MN
Local mold risks, prevention priorities, and next steps for Saint Paul.
Rochester, MN
Local mold risks, prevention priorities, and next steps for Rochester.
Duluth, MN
Local mold risks, prevention priorities, and next steps for Duluth.
Bloomington, MN
Local mold risks, prevention priorities, and next steps for Bloomington.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Minnesota.
Minnesota Housing Finance Agency Programs
Minnesota Housing offers rehabilitation programs that may cover mold remediation as part of home repairs for qualifying homeowners.
Eligibility: Income-qualified Minnesota homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 651-296-7608Learn More →
Minneapolis Healthy Homes Program
City of Minneapolis program addressing housing health hazards including moisture and mold issues.
Eligibility: Minneapolis residents in qualifying housing
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural Minnesota homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural Minnesota areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Minnesota have specific mold laws for rental properties?
No, Minnesota does not have specific statewide mold legislation for residential properties. However, mold issues are addressed through the implied warranty of habitability under Minn. Stat. 504B.161, which requires landlords to keep rental premises fit for habitation and in reasonable repair. Minneapolis has enacted a specific mold ordinance requiring landlords to address visible mold and its underlying causes.
What should I do if I find mold in my Minnesota rental?
Notify your landlord in writing immediately when you discover mold or moisture problems. Request repairs be completed within 14 days. Keep copies of all correspondence. If the landlord fails to act, you can file a complaint with local housing inspectors, file a rent escrow action in court, or contact HOME Line (612-728-5767) for free legal advice.
Can I withhold rent for mold problems in Minnesota?
Simply withholding rent is risky and could lead to eviction. Instead, Minnesota allows tenants to file a rent escrow action under Minn. Stat. 504B.385. After providing written notice and waiting 14 days for repairs, you can deposit rent with the court. The court may then order repairs, reduce your rent, or allow you to break the lease.
Official Resources
These official resources can help you understand your rights and take action: