A Minnesota 60 Day Notice to Vacate is an official lease termination letter used as a notice of non-renewal of the lease. The letter is provided by either party at least sixty (60) calendar days before the expiration of the lease.
When to Use a Minnesota 60 Day Notice to Vacate
The landlord or the tenant may use a Minnesota sixty (60)-Day Notice to Vacate as a notice of non-renewal of a lease.
How to Write a Minnesota 60 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 60 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 Minnesota Attorney General - Landlord/Tenant Laws
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Some definite term leases spell out what kind of notice is needed to end the tenancy when the lease ends. Typically this is a written notice presented 30 to 60 days before the lease ends. Often such a requirement is part of an automatic renewal provision. Automatic renewal means if the tenant does not give notice he or she can be held to an additional period of time – for example, one or two months.
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