If my landlord wants us to leave at the end ofnext monthbecause they found a new tenant, is that allowed?

UPDATED: Jan 30, 2011

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If my landlord wants us to leave at the end ofnext monthbecause they found a new tenant, is that allowed?

At first my landlord and I wanted to do a contract for 6 months but the contract was never signed and we told them that instead we wanted to do a month-to-month lease. They said that would be fine and no contract was ever signed. Now that it has been 6 months they want us to move out by the end of next month. This is not fair because they told us while we were living there that 2 or 3 months ago someone put a deposit on the house and we need to leave so they could come live there. I was wondering is that possible.

Asked on January 30, 2011 under Real Estate Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, this is allowed.  You have what is known as a tenancy-at-will (i.e. more commonly a month-to-month lease).  This type of lease is a rental agreement for a one-month period that is renewed automatically each month for another month until properly terminated by either party giving written notice.  The time of the notice must be at least as long as the interval between the time rent is due (i.e. 1 month) but need not be any longer. 

Note:  If you had a lease for a different term, then any propective buyer would have to take the premises "subject to" your lease.  That means that their occupancy could not begin until after your lease was up.

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