Are there exceptions to two-month-notice requirements?
renting and the law | Kelly Klein  Q: I have been renting a one-bedroom apartment in northeast Minneapolis for six years. The written lease says two months' notice must be given to terminate the lease and a tenant cannot move out during the winter months (from September to May). I finally have saved enough money to buy a house, my offer has been accepted, and I expect to close in June. I notified my landlord of my intention to move out in June. My landlord allowed both of my upstairs neighbors to move out during this past winter. I also found a personal friend who wants to rent the apartment and he has contacted the landlord to fill out an application, so my landlord doesn't have to find a tenant who is willing to move in once the apartment is professionally cleaned. A: If your written lease states you need to give two months' notice to terminate the lease, then you should follow that provision if possible. There is a law in Minnesota that prohibits the automatic renewal of leases for periods of two months or more. Many, but not all, courts have determined that this means a two-month notice period is void, and have then reduced the notice period to one month. There is an argument that landlords make that the notice period is not a renewal of the lease, and some courts have accepted that and enforced the provision. Most landlords want that extra month so they can get the apartment cleaned and find a new tenant. Since that may not be the case here, you should try to negotiate with your landlord and request that your friend be allowed to move in right away and possibly let you off the hook for paying an extra month's rent. You can also tell your landlord that the notice period may be unenforceable. It does not matter that your landlord bent the rules with your upstairs neighbors, unless his behavior is discriminatory toward you. If you do work out a deal with your landlord to give only a one-month notice to end your lease, then make sure to get it in writing and signed by both parties. Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.