A Minnesota lease termination notice is a document in which you inform a tenant that you will either end the lease early or not renew it.
In Minnesota, the duration of the lease affects the minimum termination period. When there is a month-to-month tenancy (at-will), you should notify the resident the number of days equivalent to the duration between rent payments (typically 30 days).
Minnesota Statutes Section 504B.135 also provides a 3-month condition for when rent isn't owed on a monthly basis. Whichever length of time is shorter should be the minimum notice duration.
Under a fixed-term lease, you do not have to give notice if you do not wish to renew the lease at the end of the term. However, the recommended procedure is to give 30-days' notice, regardless if the tenant is renting yearly or month-to-month.
Sometimes, there are special exceptions. If the tenant does not pay rent on time, you can give them as little as a 14-day notice. A tenant's criminal activity can also shorten the notice duration.
Reasons For Termination
A landlord may terminate a tenancy after...
- The tenant fails to pay rent on time or has only partially paid rent
- One or more aspects of the original lease have been violated
- An occupant or their guest has damaged the rental property (this may also disqualify them from a security deposit return)
- One or more tenants are involved in criminal activity
- The resident does not want to renew for a full year (and the landlord does not allow a month-to-month lease)
- An apartment or house owner wishes to raise the amount of rent
You should consider beginning an eviction process when the rental agreement has been significantly violated. If the tenant refuses to correct problematic behaviors or refuses to vacate after the rental contract has been terminated, seek a court order. An eviction lawsuit is the best way to protect yourself and your property in this case.
How To Write One
Your written notice should include essential information, such as the termination date (move-out date), the name of the involved tenants, the address of the affected premises, and an explanation for why you are terminating early or refusing renewal.
There is a lot to include on the form. Often, a landlord needs to consult a lawyer to ensure their documents are legally binding. However, you can skip that step by downloading one of our lease termination templates.
If you are terminating your lease and need the tenant to sign, or you want to sign a new lease with a new tenant, you want to make the process as easy and efficient as possible.
With DoorLoop, you can get your agreements eSigned in a few seconds. You can also get to the eSignature step much faster by creating reusable templates that are autofilled with tenants' information.
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Does Ending the Tenancy Early Violate the Lease Agreement?
Provided you are giving notice in writing with an appropriate time frame and that you have legitimate reasons for ending the contract, you are not violating the lease.
What if the Tenant Makes a Due Rent Payment After Receiving a Termination Notice?
In this case, the tenant has fulfilled the conditions to remain on the property by the given date.
What if I Suspect Domestic Violence?
Domestic abuse can be a tricky situation to handle. Under Minnesota law, you are prohibited from serving a termination letter to a lease-abiding tenant who is a victim of domestic violence. This is particularly true if the victim is in a help program.
However, you can give termination and eviction notices to perpetrators who reside on the premises, especially if the renting parties have separate leases. You can also prohibit outside offenders from coming onto the property and offer the victim a change of locks.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.