Dayton, Minn., Mun. Code Ch. 113 (2026) § 113.140
RESPONSIBILITIES DEFINED
Operative Text
Owners remain liable for violations of duties imposed by this chapter even though an obligation is also imposed on the occupants of the building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this chapter. (A) Buildings and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this division, the building may be re-inspected. (B) Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units. (C) Owners shall, when required by this chapter, health laws or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. (D) Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling of dwelling unit or premises which they occupy and control, shall properly dispose of their recyclables, rubbish, garbage and other organic waste. (E) Occupants shall, when required by this chapter or city ordinance furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary. (Ord. 2018-18, passed 2-28-2018; Ord. 2019-07, passed 6-11-2019) Penalty, see § 113.999
Dayton Ch. 113 § 113.140 establishes a dual-responsibility framework for rental dwelling maintenance. Owners remain liable for code compliance even if a lease shifts certain duties to tenants, and that liability cannot be contracted away. Separately, occupants carry their own obligations—such as proper waste disposal and keeping their portion of the premises clean and safe—but owner responsibility for structural soundness, shared areas, and pest control generally persists regardless of any private agreement.
Plain English — not legal advice.
Under § 113.140, compliant property operators in Dayton maintain buildings in safe and sanitary structural condition, keep shared and common areas clean, and ensure approved sanitary facilities and pest-control measures are in place as required by the chapter or health authorities. Critically, a lease clause that transfers maintenance duties to a tenant does not relieve the owner of liability for violations of this chapter—inspectors may re-inspect at any time to verify compliance. Operators who manage multiple-unit buildings typically document their maintenance schedules and pest-control contracts to demonstrate ongoing compliance with § 113.140's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 113.140 makes clear that Dayton tenants have their own responsibilities—including keeping their occupied space clean and safe and properly disposing of recyclables, rubbish, and organic waste—but it also affirms that owners cannot use a lease agreement to escape liability for building-wide code violations. If a landlord fails to maintain structural safety, shared areas, or pest control as required by this chapter, that failure remains the owner's legal responsibility regardless of what the lease says. Tenants who believe these standards are not being met may consider documenting conditions, contacting Dayton's code enforcement or health authorities, or reaching out to a local tenant-rights organization for information about available options under § 113.140.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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