Legal Question in Real Estate Law in Minnesota

60 day lease renewal

Have you ever heard of a 12 month lease that requires a 60 day notice, and if that notice isn't received 60 days before the lease is up, the tenant is required to pay rent for those months after their lease? For example, a 12 month lease from September 1, 2001-August 31, 2002, but a notice was given on July 15, 2002 that they would not be renewing (less than the 60 day notice). This requires the tenant to pay September 2002 rent? Is this legal? Is there any way to argue against this?


Asked on 7/16/02, 5:51 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: 60 day lease renewal

The short answer is: Yes it's legal.

Short answers are often wrong, however, in a given situation. There's an all purpose counterargument that just might work with some judges: substantial compliance. In other words, your notice wasn't exactly in compliance but it was close enough. The question might be: Is this enough time for the landlord to find another tenant? If it is, maybe you could sell the idea.

Lots of landlords would not bother enforcing such a provision, because it is easily misunderstood and you did give plenty of notice. Many judges may be reluctant to enforce the provision even though it is legal. It's a well known fact, judges don't always follow the law.

I suggest that you take a copy of the lease to an attorney for a consultation. There are many possibilities for something being wrong with the lease or some aspect of your situation which would make a difference. The lawyer could go on the Westlaw web site and see if there are any recent cases that would make a difference.

Plan on paying a consultation fee of about $100. This is going to take a fair amount of the lawyer's time.

It's pretty hard to put all the relevant facts in a question at this site. That's one of the drawbacks.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult with an attorney of your choice concerning the details of your case.

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Answered on 7/17/02, 11:29 am


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