Is it legal to prevent a tenant from moving out of a rental unit in winter in Minnesota?
Laurie asked:
My boyfriend would like to move out of his apartment on December 31st. His lease is month to month with 46 days’ notice, but has a clause that prevents him from terminating the lease from December 1 to February 28th. Is this a legal and enforcable lease clause in the state of Minnesota?
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My boyfriend would like to move out of his apartment on December 31st. His lease is month to month with 46 days’ notice, but has a clause that prevents him from terminating the lease from December 1 to February 28th. Is this a legal and enforcable lease clause in the state of Minnesota?
November 11th, 2009 at 6:16 am
If he signed this, then yes, it’s enforceable and completely legal. My guess is that it’s difficult to find renters in Minnesota during that time period. spalmer
November 14th, 2009 at 4:58 am
Yes, if he signed the contract then he has to stick to it. ~*Mama-of-Two*~
November 14th, 2009 at 11:57 pm
I’ve never heard of such a thing. Check with the city on tenants rights. Realtoratheart
November 18th, 2009 at 5:09 am
This is lawful, and enforceable as long as it is legal within your state, and local laws, and also reasonable. Given the harsh winters, and potential difficulties finding a tenant during those months, then it is definetley reasonable. He signed, and agreed to it. Any issue with this clause should have been brought up at time of signing the lease. Sorry. Stuart
November 19th, 2009 at 4:46 pm
I’ve rented a lot of apartments in Minnesota and I’ve never heard of this. Unfortunately, when he signed the lease he agreed to the terms. Not a whole lot he can do about it now. However, I find people are much more reasonable if you just talk to them about what’s going on. You’d be amazed what can be accomplished with a simple phone call. Sometimes clauses like that are designed to limit landlord liability and if the tenant assumes their own liability for moving in the winter, I don’t see why there should be a problem.
Plus, we’re supposed to have a milder winter this year. Here’s hoping. Jilly