A Minnesota 90 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a quarterly rental agreement on the last day of the lease term. The non-terminating party must receive notice at least ninety (90) calendar days before the date of termination.
When To Use a Minnesota 90 Day Notice To Vacate
A Minnesota 90 Day Notice To Vacate terminates a quarterly lease agreement on the last day of the lease term, as well as a rental situation with no written lease where the tenant pays rent quarterly.
Some types of Minnesota lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Minnesota 90 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Minnesota 90 Day Notice To Vacate
Minnesota law is not specific on the requirements for landlords and tenants delivering an initial written Notice To Vacate, so in most cases it is acceptable to use any method which results in actual notice to the receiving party. Minnesota’s eviction law for nonpayment of rent provides a specific legal baseline, authorizing the following methods of notice delivery:
- Hand delivery to the other party’s address of record
- Delivery by mail to the other party’s address of record
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times. Hand-delivered notice completed after 5:00PM local Minnesota time extends a notice period by one (1) calendar day.
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 Minn. Stat. § 504B.321(1a)(b)
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The landlord or an agent of the landlord must deliver the [eviction] notice personally or by first class mail to the residential tenant at the address of the leased premises.
Source Link - 3 Minn. R. Civ. P. 6.01(e)
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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.
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
