Legal Question in Landlord & Tenant Law in Minnesota

Am I breaking the lease agreement?

I moved into this apt 3 years ago on a 1 year lease. That lease expired and I signed another one for another year, and again for the 3rd year. Then the property management company changed and the new company has no knowledge of my lease for last year, only the original lease agreement from 2005. They attempted to charge me for back rent that they claimed was due since I should be paying a non-lease rate. I gave them a notice (yesterday) that I am moving out April 30th since I was not happy with all the confusion. They claim that I need to give 60 days notice according to the original lease. So, they are honoring it for their benefit but not mine. I got them to agree to drop the ''past due rent'', but since I am not on a lease by their definition, they want to raise my rent for the final 2 months in which I wont even live here. I only have a copy of the original lease and nothing else (same for them) I made an agreement with the old management and I have no agreement with the new management is my thought, so I can move out at anytime. I am also giving them 34 days to fill the apartment, but they said they wont even try until the non-existent lease expires. I can't sublet under the agreement either. Do I have any options?


Asked on 3/27/08, 8:23 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Am I breaking the lease agreement?

Your lease is in effect, regardless of whether mgt company "knows" about it. I would need to review your lease to advise, but a 60 day notice provision requires that period to change the rent, as well as give notice to move.

I have 28 years LL/Tenant law experience.

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Answered on 3/27/08, 10:29 pm


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