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  1. #1

    Question How Much Notice Must a Landlord Give to a Holdover Tenant

    My question involves landlord-tenant law in the State of: MN

    Hi all,
    My lease ended May 31, but I had a verbal agreement with the landlord to let me move out at the end of September. They've been cashing my monthly checks ever since.
    The manager just told me I have to leave next week, since somebody rented it out, and we don't have anything in writing. He said he'd forgo the 3 extra days, so no rent for August, huuraay

    1. I believe they should give me at least 30 days notice, even for a holdover since I did pay the rent. Am I correct?
    http://www.ag.state.mn.us/Consumer/Handbooks/LT/CH3.asp
    "Holdover Tenants
    If there is no provision in the lease about what happens when the lease ends (for example, nothing is said about converting the tenancy to a month-to-month tenancy), the lease simply expires and the tenant becomes a “holdover tenant,” and the lease is renewed on a month-to-month basis.(136) Some leases in rural areas (outside of a city) are renewed for a full term. At this point, unless the landlord agrees to continue the tenancy or a new lease is signed, the landlord can start eviction proceedings at any time and without notice. (Click here for laws covering eviction.) However, once the landlord accepts a rent payment from the tenant after the tenancy term runs out, then the tenancy is automatically renewed for another rental period and it becomes a periodic (usually month-to-month) tenancy."

    2. Just to cover me, should I send a certified letter to them? Should with my intent to vacate date be August 31st or Sep 30th?

    3. I'm 100% sure I can't move by that deadline, what will they do to me?

    4. Given how sleazy this guy is, what if he fakes a notice, in case we go to court?

    THANKS SO MUCH!!!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: 5 Days Notice for a Holdover

    1. I believe they should give me at least 30 days notice, even for a holdover since I did pay the rent. Am I correct?
    Handbooks are good, statutes are better.

    You aren't a holdover tenant. You have an agreement with the landlord for continued tenancy on a month to month basis. His acceptance of rent is evidence of that.

    https://www.revisor.mn.gov/statutes/?id=504B.141

    A month to month tenancy requires written notice by either party for one month through the end of the rent period.

    https://www.revisor.mn.gov/statutes/?id=504B.135

    Which, at this point would be through August 31st.

    2. Just to cover me, should I send a certified letter to them? Should with my intent to vacate date be August 31st or Sep 30th?
    Yes.

    But it's not likely to get to him any time soon and might come back unclaimed so I suggest you hand deliver it to him with a witness. If you can't get it to him over the weekend make sure you get it to him Monday the latest. Quote the statute in the letter. Keep a copy.

    Make sure you also pay the rent on Monday for August (regardless of what he said about waiving it) (also with a witness). Pay by check or money order, make a photo copy and if he tries to refuse it just drop it on his desk along with the notice.

    Make sure your witness is willing to go to court and testify if necessary.

    3. I'm 100% sure I can't move by that deadline, what will they do to me?
    I'm sure they can do a lot of things to you, many of which would be extremely unpleasant, but anything other than complying with the statute would be illegal and give you grounds for a lawsuit.

    4. Given how sleazy this guy is, what if he fakes a notice, in case we go to court?
    I don't know. What if he fakes a notice?

    You address whatever happens when it happens.

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