Is It Legal for Landlords to Require a 60-Day Notice?
[I am not an attorney, nor am I trained in Law, so anything said here should be confirmed with your own legal counsel before acting on it.]
Many, if not most, landlords are now asking their tenants to give a 60-Day notice. This can be a pain in the butt for many tenants who are approaching the end of their lease and have plans at the precise end date of the contract. Is this 60-Day requirement legal? The bad news for tenants is that it appears, technically, legal. BUT, it is seems difficult to enforce it.
The key statute is MN Statute 504B.145, which can be read here. The problem for landlords is that, in order to extend a lease for 60 days they must follow the statute requirements (personally delivered or certified letter between 15-30 prior to the 60 notice date reminding tenants of their obligation to give notice, etc). I’ve never met a landlord who actually does this. So the 60 day notice requirement becomes unenforceable.
I specialize in helping people buy and sell homes. But if you are a landlord or a tenant, I would be happy to help in any way I legally can. Call me at 651-983-4142, or email me at thatMNrealtor@gmail.com.