Ask Me Help Desk - Tenant's right to cancel lease

I have to disagree. What the statute says is that the tenancy is for a rental period and notification has to be made 20 days prior to the end of the rental period. It doesn't say anything about or deal with the termination date being beyond the end of the period. So, as long as notice is given 20 days pripr to the end of the rental period, the landlord could prorate the overage.

Quote:

Originally Posted by ScottGem

It doesn't say anything about or deal with the termination date being beyond the end of the period.

Hello again, Scott:

No, it doesn't. That's my point. It discusses what lawful notice is. And, lawful notice here is measured from the END of the rental period. 20 or 30 days matters not, because the measurement is taken from the END.

That tells me that the lawmakers wanted to make sure that notice and the rental period ENDED on the same day.

Therefore, in my view, any notice that doesn't end when the rental period ends, isn't lawful.

excon

Quote:

Originally Posted by excon

Hello again, Scott:

No, it doesn't. That's my point. It discusses what lawful notice is. And, lawful notice here is measured from the END of the rental period. 20 or 30 days matters not, because the measurement is taken from the END.

That tells me that the lawmakers wanted to make sure that notice and the rental period ENDED on the same day.

Therefore, in my view, any notice that doesn't end when the rental period ends, isn't lawful.

excon

Just curious... do you also think that the landlord couldn't legally rent the apartment on May 6th? Like, if they closed on an empty rental property on the 2nd, would they legally have to let it sit vacant until the 1st of the next month before they could rent it?

But you are missing my point. You are equating occupancy with rental period. My point is that the statute you cite (or any I have seen) states that occupancy has to coincide with rental period.

Found this Minnesota law... also found that this law applies in most states with the exception of Florida, Texas & Calif.

Minnesota landlord/tenant law

For Periodic Tenancies
If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the law says that written notice must be received by the other party at least one full rental period before the tenancy's last day. This means the day before the last rent payment is due. Minn. Stat. §504.06 (1992); Oesterreicher v. Robertson, 187 Minn. 497, 245 N.W. 825 (1932).

For example, if a tenant who pays rent on the first day of each month (in a month-to-month periodic tenancy) wishes to leave at the end of June, the tenant must inform the landlord of that fact in writing on or before May 31. This is because May 31 is one day before the June rental period begins. No matter when during June the tenant actually leaves, the tenant is responsible for the entire month's rent. If the tenant misses the proper notice deadline - even by a day - the tenant is liable for paying an extra month's rent (July in this case).

The proper notice provision holds true for the landlord as well. If the landlord wants to end the tenancy, he or she must give the tenant advance written notice at least one day before that last rental period begins. If the landlord misses the deadline, the tenancy is automatically extended for another month. Minn. Stat. §504.06 (1992); Oesterreicher v. Robertson, 187 Minn. 497, 245 N.W. 825 (1932).

LILL,

But that's still not the issue. We aren't talking about notice. We are talking about occupancy. Under the law you cite If I wanted to move out June 15. And my rental period was the calendar month, then I would have to give notice by April 30. Having done so, I have satisfied the requirement "that written notice must be received by the other party at least one full rental period before the tenancy's last day". If I gave notice on May 15, I would still be liable for the full month of June. Because I didn't give sufficient notice.

But in the case of the OP, the tenant gave one full rental period's notice. I suspect her new accommodations would not be ready until the 5th or 6th so she couldn't vacate until then. Or maybe she wanted to give herself a cushion or planned to move over a couple of days. The reason doesn't matter. The point is she gave the minimum notice required. But nothing in any of the statutes you or excon have cited refer to vacancy date. All they refer to is how much notice needs to be given prior to the vacancy date. A tenant can always advise the landlord of their intention to terminate the lease or rental agreement (whether written or unwritten) before they have to. The only time the tenant would owe past their vacancy date is if they didn't give sufficient notice. But if the vacancy date is after the point of notice, then the landlord should pro-rate the rental.