Minnesota Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

State:
Multi-State
Control #:
US-00867BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.

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  • Preview Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?

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FAQ

If the landlord wants to end a month-to-month tenancy, the landlord will need to give the tenant a written notice to vacate. The amount of time on the notice must be either three months or the length of time between when rent is due, whichever is less.

To end a periodic lease, like a month-to-month lease, either you or your landlord must give proper written notice at least one full rent period before the move-out date.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.

At the end of the tenancy, a landlord must return a tenant's security deposit plus simple, non-compounded interest. If a landlord is not returning the deposit or any part of the deposit, the landlord must give the tenant a written explanation why they are not returning the deposit. [Minn. Stat.

A 24-hour notice is probably ?reasonable? in most situations. The notice does not have to be in writing. If a landlord enters your home without notice while you are out, they have to leave a note in a place where you will see it.

That said, no one should remain in the home without a lease agreement. So, instead of evicting the tenant, open the lines of communication and offer them a month-to-month lease option. Providing the tenant holding over is still paying rent, this is a great option to protect both parties with a signed agreement.

A holdover tenant is someone who overstays their lease term without applying for a renewal. A landlord can evict a tenant who stays in the property even a day after their written lease ends (and has not arranged for a renewal).

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease.

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Minnesota Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease