How do I end a residential lease?
How do I end my lease?
This is a common question asked by many Minnesota landlords and tenants. While for many, the process of entering into a lease agreement with a landlord or tenant is simple, the process to end a lease can be more complex. There are numerous pitfalls that surround terminating leases, and it is important to be aware of the process before moving forward with a termination.
What is a Notice to Vacate?
In most cases, a Minnesota lease must be ended by providing a tenant with a proper notice to vacate. A notice to vacate is, at its most basic, a letter designed to end a lease. It can be prepared by either a landlord or tenant, and usually must be provided as dictated by a lease. However, not all leases clearly spell out the process for providing this letter.
To terminate most periodic leases, notice must be given at least an entire rental period before the lease is intended to end. This means that if a tenant pays rent on the first of every month, a landlord who wishes to terminate the lease on January 1st, must provide the tenant a notice to vacate by the end of November. This is not always the case however, as a lease can provide different notice requirements. Minnesota leases often require a sixty (60) day notice instead, making it crucial for landlords and tenants to double-check their lease before providing a notice to vacate.
Can I End a Term Lease Early?
What about terminating a lease that ends on a specific date? Many parties wonder whether they can end their lease early, even though the lease agreement provides a specific date that it is supposed to end. This is most common with yearly term leases that provide a specific start and end date.
The general rule in these cases is that the fixed term may not be ended early, unless both the landlord and tenant agree. In some cases, a lease may allow a landlord or tenant to “buy-out” the other party in order to end the lease early. If this is the case, the lease should be read carefully to determine exactly what steps must be taken to accomplish the buyout.
Can a Lease be Ended Because of Domestic Violence?
Yes. Minnesota law provides that tenants who are victims of domestic violence have the right to terminate their lease early. If a tenant fears imminent violence after being subjected to domestic abuse, a tenant may provide a signed notice that terminates the lease. This notice must comply with several requirements, specifically that it must:
State that the tenant fears imminent violence if the tenant remains at the leased property;
State that the tenant needs to terminate the tenancy;
Provide the date by which the tenant will vacate the property; and
Provide written instructions for how any remaining personal property should be disposed
The tenant will also need to provide a “qualifying document” such as an Order for Protection that shows that the tenant is a victim of domestic abuse. There are a variety of documents that qualify as this provision is relatively broad.
In cases like this, the tenant is still responsible for the full rent payment on the month that they are terminating the lease, and they also forfeit their claim to any security deposit. However, the tenant is otherwise free of the lease and may terminate their residency even if they are in the middle of a term lease.
What if I Did Not Provide Correct Notice?
If a landlord or tenant fails to provide proper notice, the usual outcome is simply that the lease is not terminated. This can be a major problem for both landlords and tenants who fail to provide proper notice, as there can be significant financial issues for both. A landlord who failed to provide proper notice may have a new tenant lined up for the property, but cannot provide the property to them because of the current tenant who is not required to move. A tenant, on the other hand, may have a new residence lined up but may still be on the hook for rent for another rental period.
Landlords and tenants who have questions on whether they gave or received proper notice to terminate a lease should contact an experienced Minnesota landlord-tenant attorney as soon as possible. The Twin Cities landlord, tenant, and rental attorneys at RAM Law PLLC are available by phone at 651-468-2103 or can be contacted through our convenient online form.