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I signed a 1 year lease that ended on July 31, 2006 in Minnesota. The lease states that if resident stays in the apt after the lease ends, with managements approval, it becomes a month to month lease. I stayed. The notice period stated in the lease is 60 days, effective the last day of the month. Am I required to give a 60 day notice when I am only renting for 30 days at a time? If that is the case, shouldn't it be called a 2 month lease?
I have a bad feeling about this.
1. The landlord is obviously winging it with the lease. The "with management's approval" thing is almost certainly not an enforceable statement of the lease.
2. If it turns out that you should only have to give a 30 day notice, then it will be up to you to sue him...or battle over the deposit...or deal with him reporting a debt on your credit bureau.
...so let's see how clear the law is in your state and go from there.
That's my angle on it...but hang tight - there are a few others knowledgable in this area hanging out here...
If your written lease required 60 days notice then you are still required to give 60 days notice, effective the last day of the month. That's because when a tenant continues month-to-month after a written lease has ended, the tenancy continues at the same terms and conditions as the original lease. For example, if the original lease said "no pets" then you can't go ahead and get a pet when you become month-to-month.
Heh, except that in Ontario, at least, the "no pets" clauses are void. A landlord cannot stipulate a pet-free rental, except under some very specific circumstances. But yes, I do agree - if the original lease said 60 days notice, that same 60 days notice is required once you're staying month-to-month.
Yes - you are renting by what is known as a "periodic" tenancy and paying every 30 days/month; however, your "agreed to" notice period is 60 days so that is what you need to provide.
Most L-T laws provide for 30 days written notice even if the tenancy is under an oral agreement (except Hawaii which has different notice periods for the landlord and the tenant).
The "judge" is going to ask if you signed the original lease and when you say "yes" SHE will say you agreed to provide 60 days notice.
One more point on this. Unless the written terms of a lease are against prevailing laws then the provisions stand. So unless the law for your area specifically prohibits a 60 notice period, then you are required to give such notice.
One more point on this. Unless the written terms of a lease are against prevailing laws then the provisions stand. So unless the law for your area specifically prohibits a 60 notice period, then you are required to give such notice.
Would you happen to know what the laws are in the state of Virginia on this matter?
I'm in the same boat as the original poster. I am on a month to month and they are telling me I have to give 60 days notice.
However, I saw a post on apartmentratings.com, where a tenant stated that he was in teh same situation in my apartment complex, and that he told him that a 60 day notice on month to month leases is against Virginia State law. He then said the managment caved in immediately. I however would like to have some proof that this law exists but I'm having trouble finding the information.
Lots of answers, but none of them seem correct under Minnesota law.
A month to month tenancy is created in Minnesota when a tenant of urban real estate holds over after expiration of a lease, with a period of the tenancy being the period between payments. Minn. Stat. §§ 504B.135 (formerly 504.06), 504.141 (formerly § 504.07). Upon expiration of an initial term lease, without any action by the parties to renew the lease, the parties' continuation of the landlord-tenant relationship becomes a month-to-month tenant fee, and cannot be based on the original written lease. Urban Investments, Inc. v. Thompson, (Minn. Dist. Ct. 4th Dist. Aug. 10, 1995)
You are only required to give a 30 day notice in a month to month lease in Minnesota, regardless of what your expired lease said.
Lots of answers, but none of them seem correct under Minnesota law.
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You are only required to give a 30 day notice in a month to month lease in Minnesota, regardless of what your expired lease said.
First, did you notice that this question was posted over a year ago? Second, while the case law you cite seems to justify your interpretation its case law not statute. it could be that the decision was referring to just the rental, not the other terms of the lease.
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