Legal Question in Landlord & Tenant Law in Minnesota

Notice to Vacate Requirements

On 06/01/05, my lease expired and we moved to a month to month lease. I had previously informed my landlord in a detailed conversation that we had that it was my intent to vacate on 07/31/2005. However on 06/07/2005 when the issue came up again, she informed me that in spite of the conversation that we had, and of the fact that she was aware of my intent to move out on 07/31/2005, due to the fact that she had not received a 60 day written notice to vacate by 05/31/2005, we were obligated for the rent through the end of August. She indicated that even though we were now on a month-to-month basis, the lease indicated that we were still required to give a 60 days notice. However, according to Minnesota Statute 504B, since we are no longer under contractual obligation as the lease ended on 06/01/05 we are considered “Tenants-at-will”, and as such 504B indicates are only required to provide a 30 day written notice to vacate. Since there is a conflict between the lease terms which require a 60 days notice to vacate and Minnesota Statute 504B which requires a 30 days notice, it was my understanding that Minnesota Statutes would supersede the contract law. Is my understanding of the situation above correct?


Asked on 6/13/05, 2:07 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Notice to Vacate Requirements

No. Your lease controls.

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Answered on 6/13/05, 2:19 pm


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