1998 Minnesota Statutes

     504A.265 Termination of lease upon death of residential 
  tenant. 

    Subdivision 1.    Termination of lease.  (a) A party to 
 a lease of residential property other than a tenancy at will, 
 may terminate the lease prior to its expiration date on the 
 death of the residential tenant or, if there is more than one 
 tenant, upon the death of all tenants.  

    (b) At least two months' written notice must be given by 
 the landlord or the personal representative of the residential 
 tenant's estate, effective on the last day of a calendar month, 
 and hand delivered or mailed by postage prepaid, first class 
 United States mail, to the address of the other party.  The 
 landlord may comply with the notice requirement by delivering or 
 mailing the notice to the property formerly occupied by the 
 residential tenant.  

    (c) The termination of a lease under this subdivision does 
 not relieve the residential tenant's estate from liability for 
 payment of rent or other money owed before or during the notice 
 period, or for the payment of money necessary to restore the 
 property to its condition at the beginning of the tenancy, 
 ordinary wear and tear excepted.  

    Subd. 2.    Waiver not allowed.  (a) The following 
 modifications of subdivision 1 are void and unenforceable: 

    (1) a waiver by a landlord and residential tenant or 
 tenant's personal representative, by contract or otherwise, of 
 the right of termination; and 

    (2) a lease provision or agreement requiring a longer 
 notice period. 

    (b) The landlord and residential tenant or tenant's 
 personal representative may agree to modify specific provisions 
 of subdivision 1 other than those prohibited in paragraph (a).  

    Subd. 3.    Applicability.  This section applies to 
 leases entered into or renewed after May 12, 1981.  

    HIST: 1998 c 253 s 33