Minnesota Rental Application Form

A Minnesota rental application form helps a landlord choose a prospective tenant who is well suited to rent a particular property. The form requests personal and employment information plus consent for a credit check (sometimes called a consumer report). Applications often collect a non-refundable fee, commonly equal to the cost of getting the relevant screening reports.

Minnesota Rental Application Laws

• Charge a screening fee when no rental unit is available within a reasonable amount of future time
• Charge a screening fee before providing the potential tenant with the name, address, and phone number of the screening service to be used (if applicable), and the screening criteria to be used
• Collect a screening fee without (upon request) providing a written receipt
• Deposit a screening fee until all other applicants for that slot have been rejected or have declined to rent
• Reject an application without providing the applicant the list of screening criteria not met (within 14 days of rejection)

A landlord must return the application payment (in person or by mail) or destroy it (if by check, upon request) if:

• The applicant is rejected
• The landlord doesn’t obtain a credit report or tenant screening report
• Any unused funds remain after the screening process

Quick Guide To Process a Minnesota Rental Application

After receiving a Minnesota rental application, most landlords use the following process to evaluate the potential tenant:

1. Verify Credit – Order a credit report for the potential tenant; a score of 600-650 is a common minimum requirement. A credit report can be as simple as a “pass/fail” result or can have comprehensive details, including criminal history. ( NOTE: a credit report requires the tenant’s written and signed consent, on the application or separately )
2. Verify Income – Check the potential tenant’s employment status and pay scale. This can be done through recent pay stubs and/or contacting the potential tenant’s employer.
3. Check Rental History – Contact previous landlord(s) to confirm a potential tenant has in the past been a good renter and neighbor.
4. Check Eviction History – Verify the potential tenant has honestly disclosed the details of any past evictions. An eviction check usually covers a longer period (previous 7 years) than a rental history check (previous 3 years).
5. Check Criminal History – Confirm the potential tenant’s reporting of any criminal history, especially including a check of criminal databases like sex offender registries.
6. Provide a Response – Approve the application if it’s a good fit, or, if rejecting the application, draft an appropriate adverse action notice to limit liability.

Checking Eviction History in Minnesota

Minnesota eviction cases are matters of public record which anyone can access. While third-party services often automatically check eviction history as part of a screening report, this also can be checked manually, with the following process:

• Access Minnesota Public Access (MPA) Remote
• Select “Civil, Family & Probate Case Records,” or select a county/court location from the dropdown menu
• Enter the captcha code at the top of the screen, and select “Search by Party” from the dropdown menu below
• Enter the applicant’s name to view existing records
• Select the case number to be taken to the register of actions, which specifies available information

Restrictions on Minnesota Rental Application Questions

The sample rental application provided on this page complies with federal law restricting the information a landlord can request. In general, it’s illegal under the Federal Fair Housing Act to screen tenants by asking for information about the following, or using these as a basis for approving or denying an application:

• Race
• Color
• National origin (nationality)
• Religion
• Sex (including sexual orientation and gender identity)
• Familial status (i.e., having or not having children)
• Disability (whether physical or mental)

Minnesota also protects certain categories at the statewide level, like marital status and public/rental assistance status. There are narrow exemptions for things like senior housing or certain very-small scale landlords, but local regulations may still apply. Always consult an attorney before attempting to ignore state or federal requirements.

Rejecting an Application: Adverse Action Notice

When taking an action which may disadvantage a potential tenant, a landlord may have to provide an adverse action notice informing the tenant about the decision (sometimes called a “conditional approval,” if the application is approved subject to meeting additional conditions). Federal regulations require an adverse action notice whenever a landlord collects a credit report and takes one of the following actions:

• Rejecting the potential tenant’s application
• Adding a requirement for someone to co-sign the potential tenant’s lease
• Demanding a larger security deposit than before, as a condition for renting
• Asking for higher rent after receiving the report

Important Features of an Adverse Action Notice

An adverse action notice must contain the following details:

• Note that the landlord took adverse action based on information in a consumer credit report
• Details of the consumer reporting agency
• Note that the landlord decided the adverse action, not the agency
• Declaration of the applicant’s right to a copy of the consumer credit report
• Declaration of the application’s right to dispute the report within 60 calendar days

While not legally required, it also is expedient for a landlord to explain the reasons for the adverse action, since this establishes a written record of issues with the application.

Fees in Minnesota

Minnesota has the following regulations on fees relating to a new rental:

• Rental Application Limit: Actual cost of screening
• Security Deposit Limit: No cap
• Pet Fee Limit: No cap

Local jurisdictions may impose stricter regulations than the statewide standard. Always check local laws.

Sources

Subdiv. 1. A landlord may not:

(1) charge an applicant a screening fee when the landlord knows or should have known that no rental unit is available at that time or will be available within a reasonable future time;

(2) collect or hold an applicant screening fee without giving the applicant a written receipt for the fee, which may be incorporated into the application form, upon request of the applicant; or

(3) use, cash, or deposit an applicant screening fee until all prior applicants have either been screened and rejected, or offered the unit and declined to enter into a rental agreement.

Subdiv. 2. (a) The landlord must return the applicant screening fee if:

(1) the applicant is rejected for any reason not listed in the disclosure required under subdivision 3; or

(2) a prior applicant is offered the unit and agrees to enter into a rental agreement.

(b) If the landlord does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord must return any amount of the applicant screening fee that is not used for those purposes.

(c) The applicant screening fee may be returned by mail, may be destroyed upon the applicant’s request if paid by check, or may be made available for the applicant to retrieve.

Subdiv. 3. If a landlord accepts an applicant screening fee from a prospective tenant, the landlord must:

(1) disclose in writing prior to accepting the applicant screening fee:

(i) the name, address, and telephone number of the tenant screening service the landlord will use, unless the landlord does not use a tenant screening service; and

(ii) the criteria on which the decision to rent to the prospective tenant will be based; and

(2) notify the applicant within 14 days of rejecting a rental application, identifying the criteria the applicant failed to meet.

Subdiv. 4. (a) In addition to any other remedies, a landlord who violates this section is liable to the applicant for the applicant screening fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.

(b) A prospective tenant who provides materially false information on the application or omits material information requested is liable to the landlord for damages, plus a civil penalty of up to $500, civil court filing costs, and reasonable attorney fees.