Legal Question in Landlord & Tenant Law in Minnesota

My husband and I own a rental property. The lease was signed in April of 2005 and was a 3 year lease. The lease states that at the end of March 2008 the lease would become a month-to-month lease. We now would like to move into this home so need to ask the tenets to leave. Since its month-to-month, do we just need to notify them that the home will no longer be available as of June 30th 2010? We live in MN and I believe that law states that we need to give them a 60 notice.


Asked on 4/20/10, 8:20 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

The lease controls re: Notice provision. If no Notice provision, then state law requires only 30 days notice, and the notice is EFFECTIVE ON THE LAST DAY OF THE MONTH IN WHICH IT IS GIVEN:

In other words, if you give 30 Notice TODAY ( April 25) notice is effective 30 days from last day of April, or May 31 ( and NOT May 25).

Obviously, Move out notice for June 30 would provide more notice than is required.

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Answered on 4/25/10, 9:44 am


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