Ending a month-to-month tenancy in Minnesota: written notice as long as the rent interval
Minnesota Statutes 504B.135 lets either party end a tenancy at will by written notice. The time of the notice must be at least as long as the interval between the times rent is due, or three months, whichever is less. For monthly rent that is a month, for weekly rent a week, and the longest notice the statute can ever require is three months.
What does 504B.135 require?
The text is two sentences. A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less. It was last amended in 2023, so confirm the wording on the revisor's site on the day you serve.
The rule ties the length to the rent interval. If rent is due monthly, the tenant is owed a month. If rent is due weekly, the notice is a week. If it is due every six months, the cap of three months applies. The statute sets the length of the notice, not a required end date, so the lease and local practice decide whether you also align the end with a rent day.
Example a made-up landlord delivers a written notice to a tenant who pays rent monthly on Monday, November 2, 2026. A month is the minimum, so the earliest end date the notice can name is Wednesday, December 2, 2026. For a tenant who pays weekly, a notice delivered that day could name Monday, November 9.
How does a holdover change things?
Section 504B.141 deals with urban real estate. When a tenant holds over and keeps possession after the lease expires without the landlord's express agreement, no tenancy for any period other than the shortest interval between the times of payment of rent under the expired lease is implied. A tenant who stays after a lease with monthly rent therefore becomes a month-to-month tenant, and your termination notice is the tool to end it. Do not rely on silence: if you want the tenant gone after the lease, say so in writing before the end date and do not accept rent that reads as consent.
What should the written notice include?
- The address, the tenant names, the date the notice is delivered and the last day of the tenancy.
- A plain statement that you are ending the tenancy and the tenant must vacate by that date.
- Your signature, and a record of how it was delivered.
The statute does not prescribe a form, a reason or a method of delivery in these sections. Because the notice has to be in writing, a text message or a phone call is a poor basis for a case. Hand delivery with a witness, or mail with a receipt, leaves a record. Keep a copy of what you sent, the date, and who received it, together with the lease and the rent ledger showing the rent due dates, since the interval between those dates decides how long the notice has to be. If rent dates differ between tenants in a building, work out the interval for each unit rather than copying one notice for every door.
What if the tenant does not leave?
Do not change the locks or shut off services. Use the eviction action, which our Minnesota eviction guide walks through. The tenancy-at-will notice sets the date; the court sets the rest.
- Giving a notice shorter than the interval between rent due dates.
- Giving an oral notice. Section 504B.135 says in writing.
- Accepting rent for a new period after the date you named.
Where does DoorKeeping fit?
DoorKeeping stores the lease, the rent ledger and a copy of every notice you send, so the date you served and the date it ends are on file if a court asks. You still write, serve and track the notice yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if the tenant disputes the notice.
Sources
Questions
- How much notice for a month-to-month tenancy in Minnesota?
- Written notice at least as long as the interval between rent due dates, or three months if shorter (504B.135).
- Can a Minnesota landlord give oral notice?
- No. Section 504B.135 requires notice in writing.
- What tenancy does a Minnesota holdover create?
- One for the shortest interval between rent payments under the expired lease (504B.141).