Minn. Stat. § 504B § 504B.171
COVENANT OF LANDLORD AND TENANT NOT TO ALLOW UNLAWFUL ACTIVITIES.
Operative Text
Subdivision 1.Terms of covenant. (a) In every lease or license of residential premises, whether in writing or parol, the landlord or licensor and the tenant or licensee covenant that: (1) neither will: (i) allow controlled substances in those premises or in the common area and curtilage of the premises in violation of any criminal provision of chapter 152; (ii) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the premises or in the common area and curtilage of the premises; (iii) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of the premises; or (iv) allow stolen property or property obtained by robbery in those premises or in the common area and curtilage of the premises; and (2) the common area and curtilage of the premises will not be used by either the landlord or licensor or the tenant or licensee or others acting under the control of either to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152. The covenant is not violated when a person other than the landlord or licensor or the tenant or licensee possesses or allows controlled substances in the premises, common area, or curtilage, unless the landlord or licensor or the tenant or licensee knew or had reason to know of that activity. (b) In every lease or license of residential premises, whether in writing or parol, the tenant or licensee covenant that the tenant or licensee will not commit an act enumerated under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or any authorized occupant. (c) A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, or using any cannabinoid product or hemp-derived consumer product, other than consumption by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. Subd. 2.Breach voids right to possession. A breach of the covenant created by subdivision 1 voids the tenant's or licensee's right to possession of the residential premises. All other provisions of the lease or license, including but not limited to the obligation to pay rent, remain in effect until the lease is terminated by the terms of the lease or operation of law. If the tenant or licensee breaches the covenant created by subdivision 1, the landlord may bring, or assign to the county or city attorney of the county or city in which the residential premises are located, the right to bring an eviction action against the tenant or licensee. The assignment must be in writing on a form provided by the county or city attorney, and the county or city attorney may determine whether to accept the assignment. If the county or city attorney accepts the assignment of the landlord's right to bring an eviction action: (1) any court filing fee that would otherwise be required in an eviction action is waived; and (2) the landlord retains all the rights and duties, including removal of the tenant's or licensee's personal property, following issuance of the writ of recovery of premises and order to vacate and delivery of the writ to the sheriff for execution. Subd. 2a.Limitation on crime-free lease provisions. A residential landlord may not impose a penalty on a residential tenant or terminate the lease of a residential tenant for the conduct of the residential tenant, household member, or guest occurring off of the premises or curtilage of the premises, unless (1) the conduct would constitute a crime of violence against another tenant, the tenant's guest, the landlord, or the landlord's employees, regardless of whether a charge was brought or a conviction obtained; or (2) the conduct results in a conviction of a crime of violence against a person unrelated to the premises. For purposes of this subdivision, crime of violence has the meaning given in section 624.712, subdivision 5, except that it does not include offenses under chapter 152. Subd. 3.Waiver not allowed. The parties to a lease or license of residential premises may not waive or modify the covenant imposed by this section.
Under Minn. Stat. § 504B.171, every residential lease or license in Minnesota automatically includes a mutual covenant — binding on both landlord and tenant — prohibiting certain unlawful activities on the premises, in common areas, and in the curtilage. These prohibited activities include allowing controlled substances in violation of state drug law, prostitution, unlawful firearm possession, and stolen or robbed property on the premises. The covenant also limits landlords from penalizing tenants for off-premises conduct unless it involves a qualifying crime of violence, and it cannot be waived or modified by either party.
Plain English — not legal advice.
Minn. Stat. § 504B.171 automatically incorporates an unlawful-activities covenant into every residential lease, so compliant operators do not need to add separate language to trigger its protections. When a tenant breaches the covenant — for example, by allowing controlled substances or stolen property on the premises — the landlord may bring an eviction action or assign that right in writing to the county or city attorney. Operators should also be aware that the statute limits the use of crime-free lease provisions: penalties or terminations based on off-premises conduct are generally not permitted unless the conduct meets the statute's specific crime-of-violence criteria.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. Stat. § 504B.171 creates a covenant that applies equally to landlords and tenants in every Minnesota residential tenancy, meaning neither party can allow certain unlawful activities — such as controlled substances, prostitution, or stolen property — on the premises or in common areas. Importantly, the statute also protects tenants from lease penalties or eviction based solely on off-premises conduct that does not meet the statute's narrow crime-of-violence standard. Tenants who believe a landlord is improperly invoking a crime-free lease clause or otherwise misapplying this provision may wish to consult a tenant-rights organization or legal aid office familiar with § 504B.171 for general information about available 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 September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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