Tenant Rights in Winona, Minnesota

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1. Overview: Tenant Rights in Winona

Winona is a mid-sized city of roughly 25,000 residents situated along the Mississippi River in southeastern Minnesota. With Winona State University and Saint Mary's University nearby, a significant portion of residents rent their homes, making tenant rights awareness especially important for students, families, and working renters throughout the city.

Winona renters are governed by Minnesota's comprehensive statewide landlord-tenant law found primarily in Minn. Stat. Chapter 504B. This statute covers everything from security deposit returns and habitability obligations to eviction procedures and anti-retaliation protections. While Winona itself has not enacted any local rent stabilization or additional tenant ordinances, state law provides meaningful baseline protections.

This page explains those protections in plain language. It is provided for informational purposes only and does not constitute legal advice. Tenants with specific legal questions should consult a licensed attorney or contact a free legal aid organization.

2. Does Winona Have Rent Control?

Winona does not have rent control or rent stabilization. Under Minn. Stat. § 471.9996, Minnesota cities are authorized to enact local rent stabilization ordinances, and both Minneapolis and St. Paul have exercised that authority with 3% annual cap ordinances. Winona, however, has not adopted any such ordinance.

In practice, this means Winona landlords may raise rent by any amount, at any time, as long as they provide proper written notice before the increase takes effect. For a month-to-month tenancy, that means at least one full rental period of advance written notice under Minn. Stat. § 504B.135. For fixed-term leases, rent cannot be raised mid-lease unless the lease explicitly permits it — the increase would take effect only upon renewal.

Renters should carefully review any lease renewal offer and understand that no city ordinance caps how much a Winona landlord can charge upon renewal.

3. Minnesota State Tenant Protections That Apply in Winona

Minnesota's Minn. Stat. Chapter 504B provides the following core protections for all Winona renters:

Habitability (Minn. Stat. § 504B.161): Landlords must keep rental units in reasonable repair and in compliance with applicable health and safety codes. This includes maintaining structural components, plumbing, heating, and electrical systems. If a landlord fails to make required repairs, tenants may pursue a rent escrow action in court under Minn. Stat. § 504B.385, where a judge can order repairs or reduce rent until conditions are corrected.

Security Deposit Rules (Minn. Stat. § 504B.178): Landlords must return the security deposit — with an itemized written statement of any deductions — within 21 days after the tenant vacates. Interest accrues on deposits held longer than one year. Wrongful withholding can result in the landlord owing the tenant up to $500 in damages plus double the amount wrongfully withheld.

Notice to Terminate (Minn. Stat. § 504B.135): Either party ending a month-to-month tenancy must give at least one full rental period of written notice. For example, if rent is due on the first of the month, notice must typically be given before the first of the month to be effective the following month.

Anti-Retaliation (Minn. Stat. § 504B.441): A landlord may not evict, raise rent, reduce services, or otherwise retaliate against a tenant for making a good-faith complaint about housing conditions, contacting a government agency, or exercising any other legal right. Retaliatory conduct within 90 days of a protected activity is presumed retaliatory under the statute.

Lockout and Utility Shutoff Prohibition (Minn. Stat. § 504B.225): Landlords are prohibited from using self-help eviction tactics such as changing locks, removing doors, or shutting off utilities to force a tenant out. Any such action is illegal regardless of whether the tenant owes rent. Violations can result in the tenant recovering actual damages, plus attorney fees.

4. Security Deposit Rules in Winona

Minnesota law governs security deposits for all Winona rentals under Minn. Stat. § 504B.178. There is no statutory cap on the amount a landlord may collect as a security deposit in Minnesota, so landlords may require any amount they choose, though it must be disclosed in the lease.

Return deadline: The landlord must return the deposit — along with a written, itemized statement explaining any deductions — within 21 days after the tenancy ends and the tenant has vacated the unit. If the tenant provided a forwarding address, the deadline is counted from the date the landlord receives it, but the landlord must make reasonable efforts to obtain it.

Interest: Landlords who hold a security deposit for at least 12 months must pay interest on the deposit at a rate set annually by the state. That interest must be returned along with the deposit.

Deductions: Landlords may deduct only for unpaid rent, damages beyond normal wear and tear, and other costs specifically authorized by the lease. Deductions for ordinary wear and tear — such as minor scuffs or carpet fading — are not permitted.

Penalty for bad-faith withholding: If a landlord wrongfully withholds a deposit in bad faith, the tenant may be awarded up to $500 in damages plus double the amount wrongfully withheld, plus court costs. Tenants should document the condition of the unit at move-in and move-out with dated photographs to support any claim.

5. Eviction Process and Your Rights in Winona

In Winona, landlords must follow Minnesota's statutory eviction process under Minn. Stat. Chapter 504B. Self-help eviction — such as changing locks, removing the tenant's belongings, or shutting off utilities — is strictly prohibited under Minn. Stat. § 504B.225 and exposes the landlord to liability for damages and attorney fees.

Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with the appropriate written notice. For nonpayment of rent, Minnesota law allows the landlord to proceed to court after providing notice (typically 14 days' written notice has been the common practice, though landlords may act sooner under certain lease terms — tenants should review their lease carefully). For lease violations other than nonpayment, the landlord must give the tenant a reasonable opportunity to cure the violation. For month-to-month tenancies being terminated without cause, the landlord must give at least one full rental period of written notice under Minn. Stat. § 504B.135.

Step 2 — Filing an Eviction (Unlawful Detainer) Action: If the tenant does not comply after proper notice, the landlord files an eviction complaint in Winona County District Court. The tenant is then served with a summons and a court date, which is typically scheduled within 7 to 14 days of filing under Minn. Stat. § 504B.321.

Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses, including that the landlord failed to maintain habitable conditions, that notice was improper, or that the eviction is retaliatory under Minn. Stat. § 504B.441. If the judge rules in the landlord's favor, a Writ of Recovery is issued.

Step 4 — Writ of Recovery and Removal: A Writ of Recovery authorizes the county sheriff to remove the tenant if the tenant does not leave voluntarily within the time ordered by the court. Only the sheriff may physically remove a tenant — the landlord may not do so independently.

Winona has no just-cause eviction ordinance. Landlords are not required to provide a reason for declining to renew a lease or for terminating a month-to-month tenancy, as long as proper notice is given and the action is not retaliatory or discriminatory.

6. Resources for Winona Tenants

• HOME Line — Statewide free tenant hotline and legal resources. HOME Line provides free legal advice for Minnesota renters by phone and also publishes guides on Minnesota tenant rights.
• Legal Aid Twin Cities — Free civil legal services for income-eligible Minnesotans, including housing matters such as eviction defense and security deposit disputes. May serve Winona-area clients; contact them to confirm eligibility.
• Minnesota Attorney General's Landlord-Tenant Handbook — The official state guide to landlord and tenant rights and responsibilities in Minnesota. A practical plain-language resource covering deposits, repairs, eviction, and more.
• Winona State University Student Legal Services — Provides free or low-cost legal consultations to enrolled Winona State students, including assistance with landlord-tenant disputes and lease review.

Frequently Asked Questions