LL Tip: Automatic Lease extensions. - Landlord Forum thread

LL Tip: Automatic Lease extensions. by Eric (MN) on March 6, 2012 @03:26

When you require a 60-day notice at the end of your lease to get out, or it renews for another 30 days, that clause could be illegal to enforce in Minnesota according to Minnesota Statute 504B.145.

When you have a 60-day notice period, you no longer have a 30-day lease. You have a lease that is a two months at a time lease. That is, a tenant cannot just give 30-day’s notice and be out. They are required to give notice at least 60-days in advance, and be in the unit for at least two months, in order to get out. That is, by definition, a two-month lease.

Minnesota Statute 504B.145 says that if you are going to require a 60-day notice, the landlord must give written notice to the tenant that they must give 60-days’ notice to vacate. The notice must be in writing, and direct the tenant's attention to the automatic renewal provision of the original lease. The notice must be served personally or mailed by certified mail at least 15 days. This would have to be done every month on a 60-day notice, automatic renewal lease.

Save yourself a potential Court fight. Keep your lease notices in accordance with the state default, or reduce the notice period to 56 days or less

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Re: LL Tip: Automatic Lease extensions. by Anonymous on January 31, 2013 @14:58	[ Reply ]

What about the tenants ability to give 2 month notice in the 11th month of a 12-month lease, in which the 12-month lease would only extend 1 month past its original end term.