When a tenant dies in Minnesota: either side can end the lease on two months' notice
In Minnesota, the death of a tenant does not end a fixed-term lease by itself. Under Minn. Stat. 504B.265, either you or the personal representative of the estate can end it with at least two months' written notice, effective on the last day of a calendar month. The estate still owes rent and other sums through the notice period.
Does the lease end when a Minnesota tenant dies?
Not automatically. Section 504B.265, subdivision 1, says any party to a lease of residential premises, other than a lease at will, may terminate it before its expiration date after the tenant dies. If there is more than one tenant, the right starts when all of the tenants have died. A surviving roommate on the lease keeps the lease.
The word "any party" matters. You do not have to wait for the estate to act, and the estate does not have to wait for you. Either side starts the clock.
How does the notice work?
Subdivision 2 sets the rules for the notice. It has to be written, give at least two months, and take effect on the last day of a calendar month. It can be hand delivered or mailed first class with postage prepaid to the other party's address.
You may send your notice to the unit the tenant lived in. The statute says a landlord meets the notice requirement by delivering or mailing the notice to the premises formerly occupied by the tenant. If you know who the personal representative is, send a copy there as well so there is no argument about who received it.
Example a made-up tenant paying $1,200 a month dies on October 3, with October rent already paid. You mail a notice on October 10. Two months from October 10 is December 10, so the first month end on or after that date is December 31. The lease ends December 31, and the estate owes November and December rent, $2,400 in total.
What rent does the estate owe?
Ending the lease under this section does not relieve the estate of rent or other sums owed before or during the notice period. It also stays liable for the cost of putting the premises back to their condition at the start of the tenancy, ordinary wear and tear excepted.
So the notice period is not free rent for you, and it is not free for the estate. If you re-rent the unit before the notice ends, the statute does not say what happens to the overlap. Ask a Minnesota lawyer before you double-collect, and keep a record of the date the next tenant starts.
Can the lease change this right?
Mostly no. Subdivision 3 makes any attempted waiver of the termination right void, and a lease clause demanding a longer notice period is void too. The landlord and the tenant or the personal representative can still agree to modify the specific provisions of the section. The section applies to leases made or renewed after May 12, 1981.
Who gets the security deposit?
The deposit rule is in section 504B.178, subdivision 3. After the tenancy ends and after you receive the tenant's mailing address or delivery instructions, you have three weeks to return the deposit with interest or send a written statement of the reasons you are withholding any part. You may withhold only what is reasonably needed for unpaid rent or other funds due, or to restore the premises, ordinary wear and tear excepted. The burden of proving the reason is on you.
The statute speaks of "the tenant" and does not name the estate. In practice, ask the personal representative for a mailing address in writing, along with proof of the appointment, and send the refund or the statement there. Keep the request and the date you got the answer. A landlord who misses the deadline owes the withheld amount again as a penalty, plus interest.
What about the belongings?
Section 504B.265 says nothing about the tenant's belongings, so read it as covering the lease and the money only. Do not clear the unit because the lease has ended. Tell the personal representative in writing when the unit has to be empty and give a reasonable time to collect things, and see our guide to Minnesota abandoned property before you remove anything.
- Write to the personal representative as soon as you know who it is.
- Photograph the unit as it stands before anyone enters.
- Let the representative in, and log who came and what they took.
- Do not sell, give away or throw out items on your own.
How DoorKeeping handles it
DoorKeeping keeps the lease, the rent ledger and the deposit held for each Minnesota property together, so the month-end date, the rent owed through it and the deposit are one view. Any notice or money step waits for your one-tap approval, and each notice you send is kept with its date. This is general information, not legal advice. Check the current statute, your lease and your own situation before you act.
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Questions
- Does a lease end when the tenant dies in Minnesota?
- Not by itself. Under Minn. Stat. 504B.265, either the landlord or the personal representative can end it with at least two months' written notice, effective on the last day of a calendar month.
- Does the estate owe rent in Minnesota?
- Yes, for rent and other sums owed before or during the notice period, plus the cost to restore the premises, ordinary wear and tear excepted.
- Can a Minnesota lease require a longer notice after a death?
- No. A lease provision requiring a longer notice period is void under 504B.265, subdivision 3.