Breaking a lease in Minnesota can be stressful for both renters and landlords, but the law does spell out when tenants can leave without penalty. This guide walks you through those situations and provides practical guidance on handling early termination the right way.
Legal Reasons to Break a Lease Early in Minnesota
In Minnesota, both landlords and tenants can sometimes end a lease early. State law makes this possible under limited conditions, including:
1. Active Duty Military
Federal law gives tenants the right to break a lease early if they receive orders for active military duty. This protection applies when service members are required to deploy or relocate due to a permanent change of station. Coverage begins on the start date of active duty and extends 30 to 90 days after discharge.
The rule applies to members of the Armed Forces, Reserve, and National Guard serving more than 30 days, as well as officers in the Public Health Service or NOAA who receive PCS or 90-day deployment orders issued before signing the lease.
To exercise this right, tenants must provide their landlord with written notice and proof of service. Termination is not immediate, however, and the lease will end no sooner than 30 days after the next rent payment is due, allowing both the landlord and tenant ample time to plan for the change.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Violence & Other Crimes
In Minnesota, tenants who experience domestic abuse can end a lease early without financial penalty. The law allows renters to move out of unsafe housing once they provide landlords with proper documentation, protecting them from being locked into ongoing rent obligations.
To qualify, the situation must meet Minnesota’s legal definition of domestic abuse. That includes physical harm, attempted harm, or actions that create a reasonable fear of immediate physical danger. The abuser must be a household or family member, or someone with whom the tenant has a close personal relationship.
Tenants must deliver written notice along with proof, such as a protection order or another valid legal document. Once the tenant gives notice, the lease will terminate at the end of the notice period. Tenants remain responsible only for damages that exceed ordinary wear and tear.
Supporting law: Minn. Stat. § 504B.206
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Minnesota, tenants cannot simply declare a lease over when a rental becomes uninhabitable. If the landlord fails to make required repairs, tenants must use legal remedies. Options include rent escrow actions, seeking rent abatement, or raising constructive eviction in court.
The state’s implied warranty of habitability requires landlords to provide safe, sanitary, and livable housing. Conditions cannot result from the tenant’s actions or neglect. Examples of serious habitability issues include:
- Inadequate or failing weatherproofing
- Unsafe or defective plumbing
- No hot or cold running water
- Failure to provide sufficient heat
- Broken or hazardous stairways and railings
To pursue lease termination, tenants must notify the landlord in writing, allow a reasonable amount of time for repairs, and maintain records of all communications and conditions. If the landlord does not act, the tenant may bring the matter to court. A judge determines whether the issues justify terminating the lease.
Supporting law: Minn. Stat. §§ 504B.161, 504B.385
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
In Minnesota, tenants cannot terminate a lease on their own due to harassment or privacy violations. If a landlord’s behavior renders the unit unlivable, however, a court may treat the situation as a constructive eviction, which can release the tenant from ongoing rent obligations.
Landlord conduct that may reach this level includes:
- Entering without notice or consent, except during emergencies
- Forcing tenants out by cutting utilities, removing doors, or changing locks
- Refusing to fix serious habitability issues after written notice
- Discriminating in violation of the Minnesota Human Rights Act or the federal Fair Housing Act
To pursue termination, tenants must maintain detailed records, notify the landlord in writing, and, if necessary, bring the case to court. A judge will ultimately decide whether the landlord’s conduct warrants ending the lease.
Supporting law: Minn. Stat. §§ 504B.161, 504B.211
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
In Minnesota, tenants can end a lease early without penalty if a court rules the agreement void or unenforceable. This outcome applies when the contract itself was never legally valid or when the rental unit cannot lawfully be occupied.
A lease may be invalid in Minnesota if:
- Signed under duress: Fraud, coercion, or unlawful threats undermined genuine consent
- Signed by a minor: People under 18 typically cannot enter binding lease contracts
- Covers an illegal unit: Rentals that break building codes, lack licensing, or fail habitability standards may not support an enforceable lease
Once a court finds a lease void, the law treats it as if no contract ever existed. The tenant may move out immediately without incurring any future rent obligations, and the landlord must return the entire refundable deposit. If the landlord withholds it, the tenant can seek repayment in small claims court.
Supporting law: Minn. Stat. §§ 504B.161, 504B.285
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Mutual Agreement Between Landlord & Tenant
In Minnesota, a lease can end before its scheduled expiration if both landlord and tenant agree. Both parties often negotiate through direct discussion or an early termination clause already included in the lease. Any terms reached should be put in writing and signed by both parties.
Common situations that lead to mutual termination include:
- Job transfers or relocation
- Financial strain
- Health or family-related needs
- Plans to sell the property
- Major renovations or redevelopment projects
- A tenant purchasing a home
When requesting to end a lease early, tenants should clearly state their reasons and propose practical terms. The landlord and tenant can then settle on details such as the length of notice, the rent owed up to the move-out date, and the return of the deposit. A signed agreement ensures the termination is clear, enforceable, and binding.
Other Legal Reasons for Breaking a Lease in Minnesota
Tenants in Minnesota may also terminate a lease early when state or federal law provides protections beyond standard landlord-tenant disputes. These situations are less frequent, but when they do arise, they provide renters with a lawful reason to leave without incurring future rent obligations.
Examples include:
Condemnation of the rental property: If authorities declare a building unsafe or out of code, the unit is legally uninhabitable. Tenants may move out right away without owing additional rent.
Supporting law: Minn. Stat. § 504B.131
Natural disasters that make the unit unlivable: Fires, flooding, or similar events that make the unit unsafe can qualify as constructive eviction. In those cases, tenants may treat the lease as terminated.
Supporting law: Minn. Stat. § 504B.131
These less common situations are still recognized under Minnesota law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Minnesota, tenants who break a lease without legal justification risk losing their security deposit, being sued by the landlord in civil court, damaging their credit, or receiving poor rental references that make securing future housing more challenging.
Landlord’s Duty to Mitigate Damages in Minnesota
In Minnesota, landlords must make a good-faith effort to re-rent a unit when a tenant moves out early. They cannot collect rent for the full lease term without making that effort. The departing tenant only owes rent for the period the unit sits vacant.
Supporting law: Minn. Stat. § 504B.291
Tenant’s Right to Sublet in Minnesota
In Minnesota, tenants can sublease only if the lease permits it. Most agreements require the landlord’s consent, and some outright ban subletting. Even with approval, the original tenant remains liable for rent and damages if the subtenant defaults on their obligations.
Supporting law: Minn. Stat. § 504B.241
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