Occupancy Laws in Minnesota (2026): Rules That Keep Landlords Up at Night
Most renters don’t realize just how strict Minnesota’s occupancy laws really are. Seriously. The state takes overcrowding seriously, and the penalties can hit both landlords and tenants hard.
Let’s break down exactly what you need to know about who can live in your rental unit and what happens when you break the rules.
What Are Occupancy Laws?
Occupancy laws control how many people can legally live in a rental property. Think of them as safety rules that prevent overcrowding. These laws exist to protect everyone’s health and safety.
Minnesota doesn’t have one single statewide occupancy rule. Instead, the state lets cities and counties create their own limits. This means the rules in Minneapolis might be totally different from the rules in a small town up north.
Pretty confusing, right?
How Minnesota’s Occupancy Rules Work
Here’s the basic setup. Minnesota follows federal guidelines from the Department of Housing and Urban Development (HUD). But cities can make stricter rules if they want.
Most Minnesota cities use square footage to determine occupancy limits. The common standard requires 150 square feet for the first person. Then you need 100 square feet for each additional person.
Some cities also use a simple bedroom formula. The rule typically caps occupancy at two people per bedroom. So a two-bedroom apartment can have up to four people.
Wait, it gets better.
Cities can choose which method to use. Some use square footage. Others use the bedroom count. A few use both and pick whichever is more restrictive.
Common Occupancy Standards Across Minnesota
Let me break down what you’ll find in different parts of the state.
The Two-Per-Bedroom Rule
This is the most common standard. It’s simple math. Count the bedrooms and multiply by two. That’s your maximum occupancy in most cases.
A one-bedroom apartment can have two people. A three-bedroom house can have six people. Easy enough.
But here’s the catch. This rule doesn’t count living rooms, dining rooms, or kitchens as bedrooms. Only actual bedrooms with proper windows and closets count.
Square Footage Requirements
Cities like Columbia Heights and Saint Paul use square footage rules. These get more detailed than the bedroom method.
For the first occupant, you need 150 square feet of habitable space. Every additional person needs 100 more square feet. Habitable space means living areas, not bathrooms or hallways.
Let’s do the math. A 1,000 square foot apartment needs 150 feet for person one. That leaves 850 feet. Divide 850 by 100 and you get eight more people. So technically, nine people could live there under square footage rules.
Wondering if this applies to you?
Most cities use whichever calculation is stricter. So if the bedroom rule says four people but the square footage allows eight, you’re limited to four.
Sleeping Room Requirements
Minnesota also regulates individual sleeping rooms. These rules apply whether you own or rent.
A single occupancy bedroom needs at least 70 square feet. Two people sharing a room need at least 90 square feet total. Each additional person beyond two needs 50 more square feet.
Rooms must have proper ceiling heights too. Most bedrooms need at least 7.5 feet of clearance. Attic bedrooms have special rules about sloped ceilings.
Special Rules for Basements
Not sure what counts as a violation?
Basements can’t be used as bedrooms unless they meet building code requirements. This is a big deal in Minnesota.
You can’t just put a bed in the basement and call it a bedroom. The space needs proper egress windows. It needs adequate ceiling height. The floor must be waterproofed.
Landlords who rent basement bedrooms without permits face serious penalties. Tenants sleeping in illegal basement rooms could be forced to move.
Sound complicated? It’s actually not.
Cities enforce these rules strictly because basement fires are incredibly dangerous. Without proper exits, people can get trapped.
Family vs. Unrelated Occupants
Some Minnesota cities distinguish between family members and unrelated people. This gets into Fair Housing territory, so cities need to be careful.
A family of any size typically gets more leeway. But unrelated roommates face stricter limits. Minneapolis used to have rules capping unrelated occupants, but many cities have relaxed these restrictions.
The federal Fair Housing Act protects families from discrimination. Cities can’t unreasonably restrict family size based on occupancy limits.
Violations and Penalties
Okay, pause. Read this carefully.
Breaking occupancy laws can lead to serious consequences. Both landlords and tenants can face penalties.
For Landlords
Landlords who allow overcrowding can be fined. Cities typically charge between $200 and $1,000 per violation. Some cities impose daily fines for ongoing violations.
Minneapolis landlords face fines up to $1,000 for certain housing code violations. Repeated violations can lead to loss of rental licenses.
Landlords can also face lawsuits from tenants. If overcrowding creates dangerous conditions, tenants might sue for damages.
For Tenants
Tenants who violate occupancy limits breach their lease agreement. Landlords can issue notices requiring tenants to fix the violation.
If tenants don’t reduce the number of occupants, landlords can start eviction proceedings. Minnesota landlords don’t have to give tenants a chance to cure occupancy violations before filing for eviction.
Hold on, this part is important.
Evictions show up on tenant screening reports. Future landlords can see these records. This makes finding new housing much harder.
Guest Policies and Temporary Stays
Most people don’t realize how strict guest rules can be.
Minnesota law doesn’t set specific guest limits. But landlords can include guest restrictions in the lease. Common limits range from 7 to 14 consecutive nights.
If a guest stays longer than the lease allows, they might be considered an unauthorized occupant. This becomes an occupancy violation.
Landlords must put guest limits in writing. Verbal restrictions don’t hold up in court. The lease needs clear language about how long guests can stay.
How to Comply with Occupancy Laws
You’re gonna love this one.
Trust me, following these rules protects everyone involved.
Check Your Local Ordinances
Start by looking up your city’s specific occupancy rules. Most Minnesota cities publish their codes online. Search for your city name plus “occupancy ordinance” or “property maintenance code.”
Call your city’s housing inspection department if you can’t find the information online. They can explain the exact limits for your property.
Calculate Your Property’s Capacity
Measure your habitable square footage. Don’t include bathrooms, hallways, or closets. Use the square footage formula to determine maximum occupancy.
Then apply the two-per-bedroom rule. Compare both numbers and use whichever is lower.
Put Limits in Your Lease
Landlords should clearly state occupancy limits in every lease. List the maximum number of occupants by name. Include rules about guests and unauthorized occupants.
Make sure tenants understand the consequences of violations. Explain that overcrowding can lead to lease termination and eviction.
Monitor Occupancy
Landlords can’t harass tenants, but they can conduct reasonable inspections. Minnesota law requires landlords to give at least 24 hours notice before entering a rental unit.
Watch for signs of overcrowding during inspections. Multiple mattresses, excessive belongings, or increased utility usage might indicate violations.
Recent Law Changes for 2025
Here’s where it gets interesting.
Minnesota made several tenant-friendly law changes in 2023 and 2024. Most of these new rules took effect January 1, 2025.
Landlords now face new disclosure requirements. They must inform tenants about building code violations. They must provide detailed information about utility billing.
New construction delays also have special rules now. If a landlord can’t deliver occupancy on time due to construction delays, tenants have options. They can request alternative housing. They can terminate the lease and get refunds. They can accept payment to find their own temporary housing.
Honestly, this is the part most people miss.
These rules apply broadly to any new building work that delays move-in dates. Renovation projects count. Major repairs count. Not just brand new construction.
Fair Housing Considerations
Minnesota landlords must follow federal and state fair housing laws. These laws prohibit discrimination based on protected characteristics.
Familial status is a protected class. Landlords can’t set occupancy limits specifically to exclude families with children. Any occupancy limit must apply equally to everyone.
The key is having reasonable, objective standards. Limits based on health and safety codes are legal. Limits that target specific groups are not.
What Happens During Inspections
Cities conduct rental property inspections to enforce occupancy laws. These inspections check for overcrowding, safety violations, and code compliance.
Inspectors count bedrooms. They measure room sizes. They check for illegal basement bedrooms or converted spaces.
If inspectors find violations, landlords get written notices. The notice specifies what needs to change and by when. Landlords must fix violations or face fines and penalties.
Tenants rarely get punished during city inspections. But landlords can use inspection reports as evidence for eviction cases if overcrowding exists.
Finding Help and Resources
You’re not alone, this confuses a lot of people.
Several resources can help both landlords and tenants understand occupancy laws.
For Tenants
HOME Line provides free legal advice to Minnesota renters. Call their hotline at 612-728-5767 for guidance about occupancy issues. They offer information in multiple languages.
Legal aid organizations help low-income tenants facing eviction. Mid-Minnesota Legal Aid and Southern Minnesota Regional Legal Services provide free representation.
For Landlords
The Minnesota Multi Housing Association offers resources for property owners. They provide training on new laws and compliance requirements.
Local housing inspection departments answer questions about occupancy standards. They can clarify city-specific rules and explain enforcement procedures.
Penalties Keep Getting Stricter
Minnesota cities have increased penalties for housing code violations. Fines that used to be $200 can now reach $1,000 or more.
Cities can impose daily fines for ongoing violations. A landlord who ignores an overcrowding violation for 30 days might face $30,000 in fines.
Some cities can revoke rental licenses for repeated violations. Without a license, landlords can’t legally rent their properties.
Best Practices for Compliance
Let’s talk about the penalties.
Following occupancy laws doesn’t have to be complicated. A few simple practices keep you compliant.
Document Everything
Keep written records of all occupants. Have everyone over 18 sign the lease. Update your records when people move in or out.
Take photos during inspections. Document the condition and use of each room. These records protect you if disputes arise.
Communicate Clearly
Tell tenants exactly who can live in the unit. Explain guest policies in plain language. Make sure everyone understands the rules before signing the lease.
Respond quickly to occupancy concerns. If you notice potential violations, address them immediately. Don’t wait for city inspectors to find problems.
Stay Informed
Laws change frequently in Minnesota. Subscribe to updates from your city’s housing department. Join local landlord associations to learn about new requirements.
Review your leases annually. Update them to reflect current laws and standards. Old lease language might not comply with new rules.
Frequently Asked Questions
How many people can legally live in a 2-bedroom apartment in Minnesota?
Most Minnesota cities allow two people per bedroom, so four people total in a 2-bedroom apartment. However, square footage requirements might limit this further. Check your specific city’s ordinance for exact limits.
Can a landlord limit the number of children in a rental unit?
No. Federal Fair Housing laws prohibit discrimination based on familial status. Landlords must apply occupancy standards equally to all tenants, regardless of whether occupants are adults or children.
What happens if I have a guest staying longer than the lease allows?
Your landlord can treat this as a lease violation. They may require your guest to leave or add them to the lease. If you don’t comply, the landlord can start eviction proceedings.
Are basement bedrooms legal in Minnesota?
Basement bedrooms are legal only if they meet building code requirements. This includes proper egress windows, adequate ceiling height, and waterproofing. Using an illegal basement bedroom violates occupancy laws.
Can cities in Minnesota create their own occupancy limits?
Yes. Minnesota allows cities and counties to establish their own occupancy standards. These local rules often exceed state minimums. Always check your city’s specific ordinances.
Final Thoughts
Minnesota’s occupancy laws protect everyone’s safety and wellbeing. The rules prevent dangerous overcrowding while respecting tenants’ rights.
Understanding these laws helps landlords stay compliant and avoid penalties. It helps tenants know their rights and find suitable housing.
When in doubt, check your local ordinances or consult with a housing attorney. The investment in understanding these rules pays off in avoided fines, better tenant relationships, and safer housing for everyone.
References
- Minnesota Attorney General’s Office – Landlords and Tenants: Rights and Responsibilities (2024). Retrieved from https://www.ag.state.mn.us/brochures/publandlordtenants.pdf
- Minnesota Statutes Section 245D.24 – Residential Services Requirements (2025). Retrieved from https://www.revisor.mn.gov/statutes/cite/245D.24
- Columbia Heights, MN – Property Maintenance Code Section 5A.206 Occupancy Limitations (2025). Retrieved from https://codelibrary.amlegal.com/codes/columbiahts/latest/columbiaheights_mn/0-0-0-11252
- Minnesota Multi Housing Association – Rental Law Changes (2025). Retrieved from https://freedomrentalpropertymanagement.com/learn/real-estate-investing/minnesota-rental-law-changes-2025/
- HOME Line Minnesota – New Statewide Tenant/Landlord Laws (2024). Retrieved from https://homelinemn.org/newlaws/