Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
504B.265 TERMINATION OF LEASE UPON DEATH OF TENANT.
Subdivision 1. Termination of lease. Any party to a lease of residential premises other
than a lease at will may terminate the lease prior to its expiration date in the manner provided
in subdivision 2 upon the death of the tenant or, if there is more than one tenant, upon the
death of all tenants.
Subd. 2. Notice. Either the landlord or the personal representative of the tenant's estate may
terminate the lease upon at least two months' written notice, to be 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 of this
subdivision by delivering or mailing the notice to the premises formerly occupied by the tenant.
The termination of a lease under this section shall not relieve the tenant's estate from liability
either for the payment of rent or other sums owed prior to or during the notice period, or for the
payment of amounts necessary to restore the premises to their condition at the commencement of
the tenancy, ordinary wear and tear excepted.
Subd. 3. Waiver prohibited. Any attempted waiver by a landlord and tenant or tenant's
personal representative, by contract or otherwise, of the right of termination provided by this
section, and any lease provision or agreement requiring a longer notice period than that provided
by this section, shall be void and unenforceable; provided, however, that the landlord and tenant
or tenant's personal representative may agree to otherwise modify the specific provisions of
this section.
Subd. 4. Applicability. The provisions of this section apply to leases entered into or renewed
after May 12, 1981.
History: 1999 c 199 art 1 s 34
Subdivision 1. Termination of lease. Any party to a lease of residential premises other
than a lease at will may terminate the lease prior to its expiration date in the manner provided
in subdivision 2 upon the death of the tenant or, if there is more than one tenant, upon the
death of all tenants.
Subd. 2. Notice. Either the landlord or the personal representative of the tenant's estate may
terminate the lease upon at least two months' written notice, to be 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 of this
subdivision by delivering or mailing the notice to the premises formerly occupied by the tenant.
The termination of a lease under this section shall not relieve the tenant's estate from liability
either for the payment of rent or other sums owed prior to or during the notice period, or for the
payment of amounts necessary to restore the premises to their condition at the commencement of
the tenancy, ordinary wear and tear excepted.
Subd. 3. Waiver prohibited. Any attempted waiver by a landlord and tenant or tenant's
personal representative, by contract or otherwise, of the right of termination provided by this
section, and any lease provision or agreement requiring a longer notice period than that provided
by this section, shall be void and unenforceable; provided, however, that the landlord and tenant
or tenant's personal representative may agree to otherwise modify the specific provisions of
this section.
Subd. 4. Applicability. The provisions of this section apply to leases entered into or renewed
after May 12, 1981.
History: 1999 c 199 art 1 s 34
Official Publication of the State of Minnesota
Revisor of Statutes