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Taylor
Taylor, Attorney
Category: Real Estate Law
Satisfied Customers: 238
Experience:  Attorney
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I've been on a month to month lease since July of 2013

Customer Question

I've been on a month to month lease since July of 2013 because my landlord never asked if i wanted a new one so I have been month to month apparently. He just gave me a 30 day notice to evict me because his sister is moving up here from Mississillly do this?egappi. Can he
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Taylor replied 7 months ago.

hi my name is ***** ***** I would be happy to help. is your question whether or not he is allowed to do this?

Expert:  Attyadvisor replied 7 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Customer: replied 7 months ago.
Expert:  Attyadvisor replied 7 months ago.

As a general rule unless there is a renewal clause of some kind in your lease after the termination of the lease you become a month to month tenant. Do you have the original lease? Has he raised the rent? You have lived there for three years?

Expert:  Taylor replied 7 months ago.

great, thank you.

Expert:  Taylor replied 7 months ago.

When the landlord and tenant have a month-to-month lease, thisis called “Tenancy at Will.” Tenancy at Will is covered under Minnesota Statute section 504B.135:

Minnesota Statute section 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.

(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing.

As you can see, the statute requires landlords and tenants to give 30 days notice, but if a tenant isn’t paying rent, the landlord may terminate the tenancy by giving only 14 days notice.

Customer: replied 7 months ago.
I thought renters had more rights than to be evicted because the landlord w.ants a relative to move in
Expert:  Taylor replied 7 months ago.

if you are a month-to-month tenant, then your landlord is required to give you 30 days notice, is that what he has provided you with?

Expert:  Attyadvisor replied 7 months ago.

":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." http://www.ag.state.mn.us/consumer/Handbooks/LT/LT3.asp

Customer: replied 7 months ago.
basically I have 30 days no matter what. I still have the original lease but it doesnt state the amount of time to give notice
Expert:  Attyadvisor replied 7 months ago.

Did the landlord ever raise the rent or change terms?

Expert:  Taylor replied 7 months ago.

correct, you have 30 days because you are month to month (at will) tenant.

Expert:  Taylor replied 7 months ago.

do you have any further questions or concerns?

Customer: replied 7 months ago.
nope
Expert:  Taylor replied 7 months ago.

thank you. when you are satisfied, i would greatly appreciate a positive rating! thanks for using JA and i wish you the best of luck! let me know if you need anything further!

Expert:  Attyadvisor replied 7 months ago.

I am Atty2 and I responded to your question. You need 30 days notice unless there is anything in the lease that extended the term or the landlord made any changes that were agreed to in writing.

Expert:  Taylor replied 7 months ago.

let me know if there is anything further i can help you with. im sorry if the answer i gave isn't exactly what you were hoping for!

Expert:  Taylor replied 7 months ago.

i apologize for all of the confusion and getting answers from multiple attorneys. have i adequately answered your questions or do you have anything further i can help you with? just let me know, thanks!

Expert:  Taylor replied 7 months ago.

do you have any further questions or anything i can help you with? if you are satisfied, i would greatly appreciate a positive rating!

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