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    montecarloman Posts: 1, Reputation: 1
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    Nov 29, 2006, 12:56 PM
    Minnesota Month to Month Notice Period
    Trying to understand the lease that I am dealing with if I required to give a 60 day notice that my landlord claims that is in effect in a tenancy at will (after the original lease ended)or 30 days notice as a month-to-month terms of MN Law apply?

    Minnesota Statute 504B.135 TERMINATING TENANCY AT WILL.
    (a) 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.

    Notwithstanding the provisions of any residential lease, in order to enforce any automatic
    Renewal clause of a lease of an original term of two months or more which states, in effect, that the term shall be deemed renewed for a specified additional period of two months or more unless the tenant gives notice to the landlord of an intention to quit the premises at the expiration of the term due to expire, the landlord must give notice to the tenant as provided in this section. The notice must be in writing and direct the tenant's attention to the automatic renewal provision of the lease. The notice must be served personally or mailed by certified mail at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit.

    Excerpts from the lease...

    If the Resident stays in the Apartment/Townhome after the DATE THIS LEASE ENDS with the approval of Management and Resident and Management have not renewed this Lease or entered into a new Lease, the Lease shall be extended under its original terms except 1) the duration shall be changed to “month to month”, and 2) Management may change any of the terms of a “month to month” lease, including the amount of rent, by giving Resident written notice equal to the NOTICE PERIOD.

    The only place I can find anything pertaining to the "notice period" is in very small print. Excerpts from the lease...

    NOTICE PERIOD is two calendar months from the last day of the month in which the written notice is given, unless the lease states a different notice period.

    No where else does the lease state a different notice period but it suggests there is a different notice period. How can a landlord have the ability to have the notice period set at 2 calendar months and have the ability to state a different notice period elsewhere.

    TERMINATION AND ALTERATION OF "MONTH TO MONTH" LEASE: When the Lease is month-to-month; Management and Resident may terminate the Lease only by giving the other party written notice equal to the NOTICE PERIOD. A notice to cancel a Lease is effective on the last day of the month. Management may change any of the terms of a "month to month" Lease including the amount of rent, by giving written notice at least equal to the NOTICE PERIOD.

    I never received written notice equal to the NOTICE PERIOD prior to the landlord raising the rent on verbal month to month periodic tenancy. No signed documents have ever been exchanged for the month to month periodic tenancy

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