Minnesota Month-to-Month Lease Agreement

A Minnesota month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

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:

• Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
• Shared Utilities – Landlords renting a unit that shares a utility meter with other parts of the property must disclose how utilities are billed for the property.
• Late Fee Disclosure – Minnesota will only enforce late fees which are disclosed and agreed in the lease, including the amount of the fee and the timeline upon which fees are charged.
• Inspection and Condemnation Disclosure – Minnesota landlords must provide the tenant with a disclosure whenever the rental property has an outstanding health and safety inspection order with a citation issued.
  
• Financial Distress Disclosure – Minnesota landlords must disclose any pending foreclosure on rental property.
  
• Covenant of Landlord and Tenant Not To Allow Illegal Activities – Minnesota landlords must provide a clause in all rental agreements outlining legal obligations the landlord and tenant have in common, namely, not to allow unlawful activities on the 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 terminate a month-to-month lease with at least one month of advance notice. [1] [2] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

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 requires that notice for a rental increase be delivered in writing, and it must be at least as much notice as required for termination. This means in a month-to-month context the minimum advance notice is one month. [2]

Eviction in Minnesota Month-to-Month Rentals

Minnesota tenants may face eviction for violating a month-to-month lease or remaining 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.