Legal Question in Landlord & Tenant Law in Minnesota


I have broken a lease. The lease requires 60 days notice and a months rent, 733.00.

Facts: I gave notice after a weekend, a Holiday, and having the main office not return my call. I gave this notice by email.

Said main office withdrew the money, on my submission, on Jan 23rd.

I say the notice was effective Jan 20th. They say it is not effective until February 1st, thereby keeping us on the hook for rent until and including April.

I say, they took my money, and my email notice so the actual date of the notice is Jan 20th. (This is some arbitray date they verbally told me about)

I called repeatedly to negotiate something fair with them regarding my short of 60 days notice. I was held back by constraints in the purchase of my house. (The VA processes were looking like they might not come through on time, appraisal, certificate of eligibility, etc)

I emailed to negotiate something as well. I was told flat out that "WE DON'T NEGOTIATE".

My question is this: Where and what do I file in court so that I do not have to be on the hook for rent up to and including April? I am willing to negotiate and pay something for March.

I explained that I cannot pay a house payment AND a rent payment and I feel that since they took my money, my notice was on time and fair for Jan 20th.

Asked on 2/08/13, 6:37 am

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Sorry-- In Minnesota, Notice is effective on the LAST DAY of the month in which given.

In your case, legal move out would be 60 Days from Jan 31 or March 31, so you are on the hook for Feb. and Mar ( but NOT April).

SO call them back and acknowledge your agreement with the above, then offer to pay for advertising , signage etc. to make SURE it gets rented by Apr. 1, and you should be OK after that.

Make sure you also agree to show the unit and keep it NEAT AND CLEAN>

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Answered on 2/10/13, 5:44 am

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