A Minnesota month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a Minnesota Month-to-Month Rental Agreement
In Minnesota, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Minnesota landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Minnesota
Minnesota landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Total Monthly Payment Disclosure – Minnesota leases must total up all rent plus all non-optional fees, on the first page. The lease must clearly describe this amount as the “Total Monthly Payment.”
- Landlord’s Name and Address – Minnesota leases must give the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses.
- Shared Utilities – Minnesota landlords may not bill electricity as a shared utility. Shared gas, water, or sewer service must be accompanied by a statutory notice explaining how utilities are apportioned and what rights a tenant has for shared utilities.
- Late Fee Disclosure – Minnesota will only enforce late fees which are disclosed and agreed in the lease. Disclosure must include the amount of the fee and the timeline upon which fees are charged.
- Inspection and Condemnation Disclosure – Minnesota landlords must give a disclosure whenever the property has a citation about an outstanding health and safety inspection issue.
- Financial Distress Disclosure – Minnesota landlords must disclose any pending foreclosure on rental property.
- Covenant of Landlord and Tenant Not To Allow Illegal Activities – Minnesota leases must contain a clause reminding the landlord and tenant they have a common duty not to allow unlawful activities on rental property.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Minnesota
Minnesota lets both the landlord or tenant end a month-to-month lease with at least one month of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Minnesota requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Minnesota Month-to-Month Lease
Minnesota rent increases require the same notice as required for termination. This means the minimum advance notice is one month.
Minnesota requires written notice to increase the rent.
Eviction in Minnesota Month-to-Month Rentals
Minnesota tenants tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Minnesota can take anywhere from two weeks to several months to complete.
For more information on the eviction process in Minnesota, click here.
Sources
- 1 Minn. 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.147
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1. Application. This section applies to a residential lease that provides a time period for the landlord to give notice to quit the premises or notice of a rent increase that is different than the time period the tenant is required to give for notice of intention to quit the premises. For purposes of this section, “notice to quit” includes a notice of nonrenewal of a lease.
2. Tenant option to choose notice period. The tenant may give notice of an intention to quit the premises using either:
(1) the time period provided in the lease for the tenant to give a notice of intention to quit the premises; or
(2) the time period provided in the lease for the landlord to give a notice to quit the premises or notice of a rent increase.
3. Landlord notice requirements. The landlord may not give a notice to quit the premises or notice of a rent increase that is shorter than the time period the lease provides for the tenant to give notice of an intention to quit the premises.
4. No waiver. The requirements of this section may not be waived or modified by the parties to a residential lease. Any provision, whether oral or written, of a lease or other agreement by which any provision of this section is waived by a tenant is contrary to public policy and void.
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