Full question:
We informed our landlord in april that we would not be renewing our lease and would be leaving by the end of July. He came back a week later and asked if we had any leads on a new place to move to since he had some one really interested in moving in by June. At his behest we put an application in and found a rental, gave our 30 day notice so that he could let the new tenants take posession by the first week in June. They canceled on him and he wrote us back not acknowledging that he was the one to request we break the lease and stated that we were responsible to the lease until the end of July since there was no tenant to move in. We discovered that he also had never given us a copy of our new lease (our mistake for not noticing). So we need to know what can we do. We would not have broken the lease terms without his asking us. We have none of this in writing and really can't afford to lose the new house either. Please let us know what we can do if anything. Thanks
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Minnesota
Answer:
When a lease is signed, its terms govern early termination. If the lease doesn't allow for early termination, you may still be liable for the remainder of the lease unless you can prove the landlord breached the lease terms. Your landlord is required to mitigate damages by making reasonable attempts to relet the premises, which includes advertising and showing the property to prospective tenants. Courts will assess whether the landlord made reasonable efforts based on the circumstances.
If you didn't receive a copy of your new lease, it might mean that your previous lease expired without a new one being issued. In such a case, you could be considered a month-to-month tenant, requiring a written notice to terminate the lease. You may argue that the landlord waived the breach of lease by asking you to leave, but proving an oral agreement can be challenging without written documentation.
To resolve your dispute, you may want to consider your rights under contract law. A breach of contract occurs when one party fails to fulfill their obligations, causing harm to the other party. Remedies for breach may include monetary damages, restitution, rescission, or specific performance. If you believe your landlord's actions led you to rely on their promise to vacate, you might explore the concept of promissory estoppel, which can enforce a promise if you relied on it to your detriment.
In Minnesota, a tenancy at will can be terminated by either party with written notice, typically requiring at least as long as the rental interval or three months, whichever is shorter (Minn. Stat. § 504B.135).
For more specific advice, it may be beneficial to consult with a legal professional.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.