Minnesota Agreement to Terminate Lease Agreement by Mutual Consent upon Termination of Lessee's Business
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FAQ
Tenants terminate their lease agreements early for many reasons. It could be due to a death in the family, health problems, retrenchment, relocation or emigration, to name but a few. But whatever the reason, the cancellation is permissible providing both parties agree.
The tenancy can be terminated early by mutual agreement so long as both parties agree. When this happens the parties will both surrender the tenancy, and once surrendered all obligations and rights under the tenancy come to an end. Surrender is the most common method for the termination of modern residential tenancies.
You might be able to end your joint tenancy agreement straight away and get a new one just in your name. Your ex-partner and your landlord will need to agree to this change. This is called 'surrendering your tenancy'. Before you ask your landlord to end your tenancy agreement, check if they'll agree to the change.
In the absence of a break clause, offer your landlord a deal based on the current market conditions to surrender your lease. The landlord is under no obligation to agree to any proposal you make and, if the landlord realises you are desperate to move, you may end up paying a premium to leave.
If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Warning to joint tenants: your tenancy can be terminated by one tenant acting alone. It is a well-founded principle of common law that a periodic joint tenancy, i.e. where there was two or more joint tenants, can be terminated by a notice to quit served by only one of them.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Minnesota must follow specific procedures to end the tenancy.
You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
A joint tenancy does not end when one joint tenant moves out of the property. If at least one of the joint tenants continues to live in the property as their only or principal home, the tenancy continues. The departing tenant can still be pursued for future rent arrears or costs due under the agreement.
You can end your tenancy at any time by giving your landlord notice if you have a periodic tenancy. You'll have to pay your rent to the end of your notice period. You'll have a periodic tenancy if: you've never had a fixed term and you have a rolling tenancy - for example, it runs from month to month or week to week.