Do you know if under law a sixty day notice on a month to month lease is holdable? I am living in an unbearable situation of slum lord. Our building is infested with bed bugs, cockroaches, mice and unpleasant tenants. I’ve had two attempted break ins. The land lord also over charged me for late rent by 80 dollars.
I have given my notice of leaving but was told that I must give 60 days notice or I lose my deposit. This is a month to month lease, can I bring them to court also will it stand up in the court of law?
The amount of notice required will usually be outlined in your lease. Does your written lease state you must give at least 60 days notice prior to the date you move out? If there is nothing mentioned in your lease, Minnesota statute 504B.135 will apply. This statute states, “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.” In this case, your rent is due every month. Therefore, with no provisions in you lease stating otherwise, you must provide one month’s notice before vacating. It is important to note that your written notice must come at least one day before the day rent is do for the next month. For example, If rent is due March 15, you must give notice by March 14 in order to move out April 15. If you give notice March 16, you will be required to stay until May 15.
Since you have already given your notice, look in your lease to see what the agreed upon conditions are.
Jon septer (612) 961-9419
J.R. Septer Law, PLLC
14550 Excelsior Blvd., Suite 202
Minnetonka, MN 55345