Does your commercial or residential lease include an automatic renewal after the initial term or after a specific time? Under Minnesota Statute 504B.145 “Restriction on Automatic Renewals of Leases,” in order to enforce any automatic renewal of a lease for a period of two months or more the landlord must give written notice to the tenant directing the tenant’s attention to the automatic renewal provision of the lease. The notice must be served personally or mailed by certified mail at least 15 days but not more than 30 days prior to the time the tenant is require to give notice of an intention to move out of the premise. Accordingly, the landlord cannot sit back and wait to see if the tenant remembers to notify the landlord of the tenant’s intent to move out. Rather, the responsibility is on the landlord to give written notice to the tenant of the automatic renewal clause. Although this statute was created in 1999, we repeatedly see leases that require or put the responsibility on the tenant to notify the landlord of their intent to move out or their intent to not renew the lease for an additional term.
If you have questions about automatic renewals of leases, please contact our office at (320)259-4070 or firstname.lastname@example.org.