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#MINNESOTA TEMPLATE FOIR EVICTION NOTICE FULL#
(136) Some leases in rural areas (outside of a city) are renewed for a full term. If there is no provision in the lease about what happens when the lease ends (for example, nothing is said about converting the tenancy to a month-to-month tenancy), the lease simply expires and the tenant becomes a “holdover tenant,” and the lease is renewed on a month-to-month basis. (134) The tenant may not use the security deposit as the last month’s rent, except that the tenant may withhold rent for the last month of a contract for deed cancellation period or mortgage foreclosure redemption period. It must be received by the tenant 15 to 30 days before the tenant has to give the landlord written notice to vacate. The renewal notice must be given either by personal service or certified mail. If the landlord does not, the automatic renewal provision cannot be enforced. For example, one or two months beyond the original term of the lease.īut if the automatic renewal is for an extra two months or more, the landlord must give the tenant written notice and call the tenant’s attention to the automatic renewal provision. Automatic renewal means if the tenant does not give notice he or she can be held to an additional period of time. Often such a requirement is part of an automatic renewal provision. Typically this is a written notice presented 30 to 60 days before the lease ends. Some definite term leases spell out what kind of notice is needed to end the tenancy when the lease ends.
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Often in such cases, the tenant is required to pay a “break lease” fee-a sum of money and/or the tenant’s security deposit. But some term leases have provisions allowing the tenant to “break” the lease.
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Tenants with a definite term lease have to pay for the entire term no matter when they leave, unless the landlord agrees to accept new tenants who would take over the remaining payments. Procedures for ending a definite term tenancy are generally written into the lease. The landlord must provide the tenant a second proper, written notice to vacate the rental property at least one day before the last rental period begins.
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If the landlord misses the deadline, the notice is defective and the tenancy is automatically extended for another month. If the landlord wants to end the tenancy, he or she must give the tenant advance written notice the day before that last rental period begins. The proper notice provision also applies to the landlord. If the notice is mailed May 31, it will not be received by the other party until at least June 1 and will be ineffective to end the tenancy by June 30. The effective date of the notice is the date it is received. If the tenant or landlord misses the proper notice deadline-even by a day-the notice is void (no good) and the tenancy continues as if no notice was given. No matter when during June the tenant actually leaves, the tenant is responsible for the entire month’s rent. This is because May 31 is one day before the June rental period begins. (132)įor example, if a tenant who pays rent on the first day of each month (in a month-to-month periodic tenancy) wishes to leave at the end of June, the tenant must inform the landlord in writing on or before May 31. This means the day before the last rent payment is due. If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the law provides that written notice must be received by the other party at least one full rental period before the last day of the tenancy. The notice requirements for periodic and definite term tenancies differ. When the landlord or tenant ends the tenancy, they must abide by both the terms of the lease and state law. Entering into the Agreement During the Tenancy Ending the Tenancy Other Important Laws Resources