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Craftychick, Home Buyer in 55401

Notice to vacate after lease is expired

Asked by Craftychick, 55401 Tue Jul 21, 2009

I signed a lease to rent my apartment in April 2006. This lease expired in April 2007. No new lease was required or signed and I have since been paying rent monthly. The expired lease does not include language about renewal terms. There is a paragraph called Two Months Notice Agreement stating 60 days notice to vacate is required. Are these terms still valid even though the lease is expired? It is my understanding that when tenancy reverts to month-to-month at the end of a lease term, only 30 days notice is required legally. Thanks!

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Dallas Texas’ answer
No one can make a statement on behalf of any party unless all executed documents are reviewed . Have you contacted property manager interview them of their standards? Or your Realtor who assisted in securing the property?

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0 votes Thank Flag Link Tue Jul 21, 2009
Craftychick,

You are now starting to get into questions that would require an attorney. Since I am not licensed in that arena I can give you my impression but that shouldn't be misconstrued as legal advice.

My basic understanding of contract law is this: The terms of a contract are in force while the contract is in force and the terms of the contract are not in force after the contract isn't in force. I am sure there are exceptions, but I am not aware of them. You'd need to talk to a lawyer but I am not sure that holdover clauses are legal or enforceable in MN (eg: you still have to give me 60 days notice even if the there isn't a lease in force)

https://www.revisor.leg.state.mn.us/statutes/?id=504B.001

Check up subdivison 13 for the definition of a tenancy at will.

In my mind the definition and rules for termination were pretty clear. A tenancy at will is a lease where there is no ending date - I suppose it could be written or unwritten but in your case, your lease not having an ending date, I am pretty sure that you are in a tenancy at will. Since we have established the type of lease, we need only refer to the statute that tells us how to terminate this specific type of lease. In this case, the interval between payments - so the only way that I could see 60 days being required is if you only pay your rent bi-monthly.

In the end the battle isn't the actual rules, but rather convincing your landlord of them.

Cameron Piper
#1 Trulia Agent in Minnesota
Web Reference: http://www.campiper.com
0 votes Thank Flag Link Tue Jul 21, 2009
Mr. Piper,

Thanks for the link. I have read that statute and others pertaining to tenancy at will, but have been told that certain terms that were in my original lease (such as the paragraph regarding 60 days notice) are enforceable even after the lease term has expired and my occupancy is tenancy at will. I know that my property owner requires a 60 day notice but unless the 60 day clause from the original lease carries over, that requirement is not legal. Are the terms in my original lease invalid now that I am a tenant at will?
0 votes Thank Flag Link Tue Jul 21, 2009
That may be true generally; sometimes the notice to leave the premises is interpreted as the to day notice, even if, without a specific discussion or event, the lease itself has expired. Some lease state that a month-to-month lease will commence after the one year term. This does not change the notice period or the need for the notice of desire to vacate does not need to be in writing. Contact your landlord, the property owner or his/her agent. Good luck. I hope you are moving into a property of your own, since you indicate that you are a home buyer. If you need any further information or help with financing your new property, just ask! Liz
0 votes Thank Flag Link Tue Jul 21, 2009
Craftychick,

At the end of the lease contract, when you didn't sign a new lease, your rental agreement turned into what is know as a tenancy at will. You can read about a tenancy at will at the MN Statutes webpage below. Please let us know if you have any other questions.

https://www.revisor.leg.state.mn.us/statutes/?id=504B.135&am…

Cameron Piper
#1 Trulia Agent in Minnesota
Web Reference: http://www.campiper.com
0 votes Thank Flag Link Tue Jul 21, 2009
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