Legal Question in Landlord & Tenant Law in Minnesota

Vacating premises without Notice to Quit.

I have a homesteaded duplex and I rent to an unmarried couple with a child upstairs for more than two years now. I have given a Notice of Rent increase of $100.00 3 months in advance to cover costs for taxes and utilities. Right now I have a suspicion that they are preparing to move without any warning. Under Minn. �504B.135(a)(1999), Notice of tenancy at will to give a notice by law of termination within the 30 days of the month-to-month lease. See Oesterreicher v. Robertson, 245 N.W. 825 (Minn. 1932). They are low income renters, as well as my family. I have a pre-lease signed agreement and photographed documentaion of the unit prior to renting. What other course of action will I need to protect myself in case of concillation action, if they try to skip out or try to use the security deposit as the final rent? I know that a written notice from the renters must be given and that using the security deposit as rent is illegal and I can request for the demand for payment of rent for Dec. 2004. See MN. �504.20 subd. (7)(a) (1992). Will my suspicions be construed as constructive notice to vacate without a accepted waiver by verbal notice, or a written notice required by law? What is my full remedy? The damage is more than normal wear.


Asked on 12/07/04, 10:22 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Vacating premises without Notice to Quit.

Have you talked to them? That may be the easiest solution.

Otherwise, without a written lease agreement they must provide the 30 day notice (notice effective on the last day of the month given).

Without proper notice, you MAY USE THE DEPOSIT to cover unpaid rent, just be sure to document all items of damage (including unpaid rent) in your required statement to them concerning the deposit to be given to them within 20 days of move-out (assuming they have given you a forwarding address).

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Answered on 12/08/04, 7:35 am


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