A Minnesota 30 Day Notice to Vacate is a legal letter written to terminate a rental agreement, including a month-to-month or year-to-year lease. The letter is provided at least thirty (30) calendar days before the end of the following rental period or expiration of the lease.
When to Use a Minnesota 30 Day Notice to Vacate
A landlord or a tenant may use a Minnesota 30-Day Notice to Vacate to terminate a rental agreement, such as a month-to-month or year-to-year lease. This notice may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Minnesota 30 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Serve a Minnesota 30 Day Notice to Vacate
A landlord or a tenant can deliver lease termination notices in Minnesota using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person who can accept the notice on behalf of the other party;
- Mailing the notice by registered or certified mail with a return receipt.
When sending the notice by registered or certified mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
If the notice is served in person and accomplished after 5:00 p.m. local Minnesota time on the day of service, add one (1) calendar day to the prescribed notice period.
Sources
- 1 MN Stat § 504B.135
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A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.
Source Link - 2 Minnesota Court Rules of Civil Procedure - Rule 4.03
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Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual’s usual place of abode with some person of suitable age and discretion then residing therein.
Source Link - 3 Minnesota Attorney General - Landlord/Tenant Laws
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The notice must be given either by personal service or by registered or certified mail.
Source Link - 4 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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Additional Time After Service by Mail or Service Late in Day. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party, and the notice or document is served upon the party by United States Mail, 3 days shall be added to the prescribed period.
Source Link - 5 Minnesota Court Rules of Civil Procedure - Rule 6.01(e)
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If service is made by any means other than United States Mail and accomplished after 5:00 p.m. local Minnesota time on the day of service, 1 additional day shall be added to the prescribed period.
Source Link