Minn. Stat. § 504B § 504B.172
RECOVERY OF ATTORNEY FEES.
Operative Text
If a residential lease specifies an action, circumstances, or an extent to which a landlord, directly, or through additional rent, may recover attorney fees in an action between the landlord and tenant, the tenant is entitled to attorney fees if the tenant prevails in the same type of action, under the same circumstances, or is entitled to costs under section 549.02, and to the same extent as specified in the lease for the landlord.
Under Minn. Stat. § 504B.172, when a residential lease includes a provision allowing a landlord to recover attorney fees from a tenant—whether directly or through additional rent—the law automatically extends a reciprocal right to the tenant. If the tenant prevails in the same type of action or under the same circumstances described in the lease, or is entitled to costs under Minn. Stat. § 549.02, the tenant may recover attorney fees to the same extent the lease grants that right to the landlord. This provision prevents one-sided fee-shifting clauses that benefit only the landlord.
Plain English — not legal advice.
Property owners and managers should be aware that under Minn. Stat. § 504B.172, any attorney-fee provision drafted into a residential lease in favor of the landlord automatically creates a mirror-image right for the tenant. Compliant operators typically review their lease language carefully to understand that fee-shifting clauses are not one-directional under Minnesota law. Drafting or enforcing such clauses without accounting for this reciprocity can expose landlords to fee awards when tenants prevail in covered actions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. Stat. § 504B.172 gives tenants a statutory right to attorney fees whenever a lease grants that same right to the landlord, provided the tenant prevails in the same type of action or under the same circumstances described in the lease, or qualifies for costs under Minn. Stat. § 549.02. Tenants who believe this right applies to their situation may raise it as part of their claim or defense in a landlord-tenant proceeding. Tenant-rights organizations and legal aid offices can help explain how this provision may interact with specific lease language.
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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