Duluth, MN asked in Real Estate Law and Landlord - Tenant for Minnesota

Q: Is it possible for a lease to be both an at-will or month to month and a fixed term . It just seems contradictory

My lease states under the second paragraph term the initial term of the agreement is that the property is leased on a month-to-month basis starting on September 1st 15 and ending September 1st 16 my understanding is that a periodic lease or a month to month does not include a specified end date especially one that is one year after the start date in my lease renewal it is a date of notice September 1st 2016 lease expiration date of August 30th 2017 and is worded as follows I agree to renew our lease for a term of 12 months at the rent of beginning September 1st 2016 and ending on August 30th 2017 then it says I understand that the terms rights originally still apply as agreed I totally am lost I do not understand how I can be in a term of 12 months yet still be a month to month tenant I would greatly greatly appreciate some insight I have called for a week straight and nobody wants to talk to a tenant I guess it's just no money in it and I understand but even legal aid was not sure

1 Lawyer Answer
Joseph A. Gangi
Joseph A. Gangi
  • Landlord Tenant Lawyer
  • Mankato, MN
  • Licensed in Minnesota

A: It sounds like you have a year lease and you make monthly payments. Month-to-month means you or the landlord can terminate the lease with a month notice, but if you have a contractual right to the property for a year, then it doesn't sound like you have a month-to-month lease. The outcome will of course depend on the actual language used in your contract, so you may wish to speak to an attorney about your rights with particular focus on what is prompting this question in the first place, i.e., are you trying to get out the lease? Is your landlord trying to evict? Is this just a theoretical exercise? etc.

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