If our lease expires and there is no further written or verbal communication about how to proceed, how much notice must we give before vacating?

We gave verbal notice (to let them know asap) on the 30th of last month that we would be vacating by the1st. of next month. They found renters for te month after tat. However, they want to keep our deposit to pay for next month and we want to make sure that is legal. I read that month to month agreements require a 30 day written notice and am not sure if they can “get” us on that front since we spoke directly to them instead. Does verbal communication count?

Asked on July 20, 2012 under Real Estate Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When a lease expires by its own terms and the tenants remain in it, the law presumes that the tenants are on a month-to-month lease unless the presumed written lease says otherwise.

In yiur situation you would be required to give your landlord thirty (30) days written notice to vacate. However, if the landlord has another tenant lined up to take the unit, you would have been required to receive thirty (30) days written notice that your lease is up from the landlord.

Verbal notice does not count.

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