En esta noticia
In the United States, rental agreements can include clauses that allow a lease to renew automatically when neither side says it wants to end the agreement. But in Minnesota, state law sets a mandatory requirement for landlords who want to use that option.
Section 504B.145 of the state statutes requires the landlord to send a written notice to the tenant before the deadline to opt out of renewal expires. The notice must be given within a specific time frame and delivered through one of the methods set out in the rules.
If the landlord forgets to send that notice or does not meet the legal requirements, the landlord may lose the right to demand automatic renewal of the lease.
What notice must a landlord send to automatically renew a lease?
Section 504B.145 of Minnesota statutes says landlords must send written notice to warn the tenant about the automatic-renewal clause included in the lease. The rule applies to residential leases whose original term and automatic renewal are two months or longer.
The goal is for the tenant to know the conditions for rejecting the extension before the deadline arrives. That is why it is not enough to include the clause in the document both sides sign when the lease begins; the landlord must also comply with the notice required by law.
How far in advance must the landlord notify the tenant?
The notice must be delivered in person or sent by certified mail between 15 and 30 days before the deadline for the tenant to say they do not want to renew the lease. This period is calculated based on the last day to opt out of the extension, not necessarily the lease expiration date.
In this way, the rule sets a specific window for the tenant to receive the information and decide whether to stay in the property or look for another place to live before the automatic renewal takes effect.
What happens if the landlord does not send the automatic-renewal notice?
If the landlord does not meet this obligation, they lose the ability to enforce the automatic renewal set out in the lease. In other words, the landlord cannot force the tenant to stay for another term based on a clause whose application was not properly noticed.