Dayton, Minn., Mun. Code Ch. 113 (2026) § 113.144
PROHIBITED ACTS
Operative Text
At the discretion of the city, property owners and/or tenants found to be in violation of any of the following provisions may be subject to both civil and/or misdemeanor criminal charges. (A) No license. Allowing the occupancy of a dwelling unit or rooming unit prior to the issuance of a rental housing license and payment of the license inspection fee. (B) Over occupancy. Permitting a dwelling unit or rooming unit that is occupied by more persons than the dwelling unit or rooming unit is certified for. (C) Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard. (D) Occupying vacated unit. Occupies or allows occupancy of a unit that was posted and ordered vacated. (E) Occupying uncertified bedrooms. Occupies or allows occupancy of a room as a bedroom that is not certified as a bedroom and does not qualify as a bedroom. (F) Tampering or non-functioning smoke detector. (1) Disabling smoke detector. Any occupant, owner or manager of a dwelling or rooming unit who willfully disables a smoke detector or causes it to be non-functioning is guilty of a misdemeanor. If the unit is occupied by more than one tenant, each tenant shall be held accountable. (2) Notification. The occupant of a dwelling or rooming unit must notify the owner or manager of the unit within 24-hours of discovering that a detector is not functioning. The owner or manager shall take immediate action to render the detector operational or replace it. (Ord. 2018-18, passed 2-28-2018; Ord. 2019-07, passed 6-11-2019) Penalty, see § 113.999
Dayton Ch. 113 § 113.144 identifies a set of prohibited acts related to rental housing occupancy and safety. These include renting without a license, allowing overcrowding or improper use of spaces, permitting occupancy of vacated or uncertified units, and tampering with or failing to maintain smoke detectors. Violations can expose property owners and/or tenants to civil penalties and/or misdemeanor criminal charges at the city's discretion, with additional penalties referenced under § 113.999.
Plain English — not legal advice.
Under Dayton Ch. 113 § 113.144, compliant rental operators generally ensure a valid rental housing license and paid inspection fee are in place before any unit is occupied, and they keep occupancy within certified limits. Operators also avoid allowing use of spaces not designed for living purposes, do not permit occupancy of vacated or uncertified units, and maintain functioning smoke detectors — replacing or repairing them promptly when notified of a malfunction. Because violations can result in both civil liability and misdemeanor criminal charges, operators typically document licensing status, occupancy certifications, and smoke detector maintenance records.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Dayton Ch. 113 § 113.144 establishes obligations and protections that apply to tenants as well as landlords. Tenants are required to notify their owner or manager within 24 hours of discovering a non-functioning smoke detector, and willfully disabling a smoke detector can result in misdemeanor charges against the occupant. Tenants who believe their landlord is violating provisions of § 113.144 — such as renting an unlicensed unit or permitting overcrowding — may consider contacting the City of Dayton's code enforcement office or consulting a tenant-rights organization to understand available complaint and enforcement options.
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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