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In Minnesota, does the landlord have to give a 30 day notice to leave AFTER the lease expires?
My understanding is that after a lease expires, it automatically reverts to a month to month lease.
We received a letter stating we needed to be out in 2 days, with no prior notification of a need to vacate.
So, we should still have 30 days to vacate, right?
BTW we are paying our rent.
8 Answers
- goz1111Lv 71 decade ago
First you need to review your lease, then maybe speak with a lawyer
• Because under a quick review of the Minnesota Attorney-General's Landlord-Tenant Handbook
http://www.tenant.net/Other_Areas/Minnesota/handhe...
http://www.tenant.net/Other_Areas/Minnesota/hb3.ht...
you need to be aware
Exact quote from the handbook
“If there is no provision in the lease about what happens when the lease ends (for example, there is nothing said about converting the tenancy to a month-to-month tenancy), the lease simply expires and the tenant becomes a "holdover tenant." At this point, unless the landlord agrees to continue the tenancy or a new lease is signed, the landlord can start eviction proceedings at any time and without notice. However, once the landlord accepts a rent payment from the tenant after the tenancy term runs out, then, by law, the tenancy is automatically renewed for another rental period and it becomes a periodic (usually month-to-month) tenancy. Minn. Stat. §504.07 (1992).”
Review the lease but Minnesota statute is not in line with the majority of posters on this subject
- Craig TLv 61 decade ago
Unfortunately for you, no it doesn't. If there is no provision stating that it converts to a month to month lease it doesn't convert.
Holdover Tenants
If there is no provision in the lease about what happens when the lease ends (for example, there is nothing said about converting the tenancy to a month-to-month tenancy), the lease simply expires and the tenant becomes a "holdover tenant." At this point, unless the landlord agrees to continue the tenancy or a new lease is signed, the landlord can start eviction proceedings at any time and without notice. However, once the landlord accepts a rent payment from the tenant after the tenancy term runs out, then, by law, the tenancy is automatically renewed for another rental period and it becomes a periodic (usually month-to-month) tenancy. Minn. Stat. §504.07 (1992).
- loanmasteroneLv 71 decade ago
This is a sticky situation as most contract would indicate the tenants status, after the lease has expired.
In some leases the landlord might conclude that without the tenant informing the landlord in writing of their intent to stay would assume the tenant would be moving.
Each state has their own eviction notice procedures. Normally there is a 3 or 5 day notice. After this notice has been given you would be required to leave or the landlord would begin the legal eviction process.
Since you were on a lease, perhaps you should have a conversation with your landlord and come to some type of agreement and understanding about the lease and your status as a tenant.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- Classy GrannyLv 71 decade ago
You are correct about being on a month to month if the lease has expired. He must give you a written 30 days notice to vacate.
Source(s): I am a landlord - ?Lv 71 decade ago
You're correct. When a lease expires without being renewed, you're automatically converted to a month to month agreement. Maybe your landlord is unaware of the law, or is trying to pull a fast one, but they do need to give you 30 days notice.
- ?Lv 61 decade ago
Google "Minnesota Landlord Tenant Law." You will find a state government handbook on the subject.