Minneapolis Landlord-Tenant Screening

Minneapolis Landlord Screening Requirements

Screening potential tenants is one of the most important activities that Minnesota landlords undertake. A negative tenant experience can cost thousands, if not tens of thousands, of dollars in repairs, unpaid rent, or court costs and attorney’s fees. However, correctly screening tenants can result in weeding out potentially problematic tenants and securing excellent tenants for a property.

While many landlords have their own detailed criteria for screening tenants, several cities in Minnesota have implemented restrictions that curtail tenant screening. The restrictions in place in Minneapolis are some of the most restrictive in the state, and include a multitude of rules that landlords must follow. While this article addresses several of the most important rules, it is important to consult with an attorney before promulgating any screening criteria to avoid pitfalls.

Criminal History

While many landlords attempt to avoid tenants with any criminal history, Minneapolis has promulgated “Inclusive Screening Criteria” which makes it unlawful to consider some pieces of a tenant’s criminal history. For instance, a landlord may not consider any conviction or charge that resulted in diversion or a similar process where the charge was ultimately dismissed. Additionally, if a charge was expunged or vacated, the landlord may not consider it.

Perhaps of more concern to landlords, they may not consider any misdemeanor or gross misdemeanor conviction that is older than three years, or felony offenses older than seven years. One surprising piece of this ordinance is that a landlord may not even consider a murder, aggravated robbery, or criminal sexual conduct conviction that is older than ten years.

Rental History

In addition to the stringent criminal history screening requirements, Minneapolis also does not allow landlords to consider tenant eviction history over three years old, or any settled cases that are over one year old. Additionally, Minneapolis ordinances also do not allow landlords to deny a tenant based on a limited rental history, unless the tenant has purposefully withheld information.

Income

While landlords are allowed under these ordinances to rely upon tenant income, Minneapolis landlords are required to consider supplemental evidence of successful rent payment history if the applicant or tenant has an income lower than three times the monthly rent.

Credit History

Minneapolis has further disallowed landlords from relying solely on a poor credit score in denying tenants. A tenant may not be denied for limited or lack of credit history either, although landlords can use these along with other factors to deny a potential tenant.

Individualized Assessment

Minneapolis does provide an alternate screening route for landlords who do not wish to screen tenants using the Inclusive Screening Criteria. However, if a landlord wishes to screen a tenant using an individualized assessment, they must disclose the screening criteria that they use and must consider supplemental evidence provided by the tenant. Individualized assessments also must not violated fair housing laws, and can come under increased scrutiny.

Minneapolis landlords face increasing scrutiny and pressure due to these ordinances, and it can be difficult for many Minneapolis landlords to navigate the new tenant screening rules and processes. It is important for landlords to both properly screen potential tenants, and to comply with strict legal ordinances. If you have questions about properly screening a tenant or about undertaking the eviction process, call the experienced landlord-tenant attorneys at RAM Law PLLC to schedule a consultation.