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States/Minnesota/Rent Late Fees
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Minnesota renter guide

Minnesota Rent Late Fee Rules: Written Agreement & 8% Maximum (2026)

Minnesota Statutes § 504B.177 provides a direct residential late-fee rule. A landlord may not charge a late fee after the rent due date unless the tenant and landlord agreed in writing that a late fee may be imposed, and that agreement must specify when the fee applies. The fee may never exceed eight percent of the overdue rent payment. For a covered housing assistance payments contract, the late fee must be calculated only on the portion of rent payable by the tenant.

Last reviewed: September 3, 20261 official source cited
Written agreementRequired

The tenant and landlord must agree in writing that a late fee may be imposed.

TriggerSpecified in agreement

The written agreement must say when the late fee will be imposed.

Maximum8% overdue rent

The late fee may not exceed eight percent of the overdue rent payment.

Covered housing assistanceTenant-paid portion only

For a landlord with a qualifying housing assistance payments contract, the fee is assessed only on the portion of rent payable by the tenant.

Check the written late-fee clause before calculating

Section 504B.177 does not let a landlord rely on a generic portal policy alone. The tenant and landlord must have agreed in writing that a late fee may be imposed, and the agreement must specify when it will be imposed. Preserve the executed lease and any signed late-fee addendum.

Use the overdue rent payment as the percentage base

The statutory ceiling is eight percent of the overdue rent payment. Reconstruct the rent amount that was actually overdue before comparing the posted late fee, especially when a partial payment, rent credit or assistance payment changed the balance.

Housing-assistance contracts change the calculation base

When the landlord has entered into a qualifying housing assistance payments contract with a federal, state or local government, § 504B.177(c) requires the late fee to be calculated and assessed only on the rent portion payable by the tenant. Do not calculate the fee from the combined tenant-plus-government rent obligation in that situation.

Federal subsidized-program rules can create a separate exception

Section 504B.177(b) recognizes that a conflicting federal statute, regulation or handbook permitting late fees for a federally subsidized tenancy can control through a published late-payment fee schedule that complies with the federal program. Identify the housing program before assuming the ordinary state formula applies without qualification.

Documents to compare

  • Executed lease and late-fee addendum.
  • Clause specifying when the late fee is imposed.
  • Rent due date and payment confirmation.
  • Resident ledger showing overdue rent and late fee.
  • Partial-payment or rent-credit records.
  • Housing assistance payments contract or program documents when applicable.
  • Breakdown of the tenant-paid rent portion for a subsidized tenancy.

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Written trigger + percentage base both matter. Minnesota § 504B.177 requires the written agreement to say when the fee applies and caps the amount at 8% of overdue rent. For a covered housing-assistance contract, calculate only from the tenant-paid portion.

Official sources

Minnesota Revisor of StatutesMinnesota Statutes § 504B.177 — Late Fees ↗

Current official residential late-fee statute requiring a written agreement that specifies when the fee applies, limiting the fee to 8% of the overdue rent payment and limiting covered housing-assistance late fees to the tenant-paid rent portion.

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