Understanding Early Lease Termination Fees in Minnesota
If you’re a Minnesota renter and considering ending your lease early, it’s important to understand how early lease termination fees work under state law. Knowing your rights, possible exemptions, and the steps to take can help you avoid costly mistakes and unnecessary disputes with your landlord.
What Is an Early Lease Termination Fee?
An early lease termination fee is a charge that landlords may require if you end your rental agreement before the lease term expires. In Minnesota, your lease agreement should clearly state whether a fee applies, how much it is, and under what circumstances it’s charged. These fees are in addition to any rent owed until the landlord re-rents the unit or the lease term ends.
When Can a Landlord Charge Early Termination Fees?
Under Minnesota Statutes Chapter 504B (Landlord and Tenant Law)1, a landlord can hold tenants responsible for rent until the lease expires or the unit is re-rented. Early termination fees are only enforceable if explicitly included in your signed lease. Review your lease for any specific language about these fees.
- If a fee is stated in your lease: You may be required to pay the amount listed, but carefully check if this fee applies regardless of reasons (see next section on exemptions).
- If no fee is mentioned: Landlords generally can only ask for unpaid rent and must make reasonable efforts to re-rent the property.
- Landlord’s duty to mitigate: Your landlord must attempt to re-rent the unit and not simply let it sit empty to charge you rent2.
Common Early Lease Termination Fee Types
- A fixed amount stated in the lease (e.g., two months’ rent)
- Rent owed until the unit is re-rented, minus deductions for advertising if specified
- Forfeiture of your security deposit (if the lease says so)—but only up to the legal limits
Always check your actual lease for the exact terms and consult Minnesota’s official resources if you have questions.
When Are You Legally Allowed to Break a Lease Without a Fee?
Minnesota law provides some situations where renters can legally end a lease early without being held responsible for fees or additional rent:
- You are a victim of domestic violence or stalking: Minnesota Statute 504B.206 gives you the right to end your lease early under certain requirements. Documentation is required.
- You are entering military service: The Servicemembers Civil Relief Act (SCRA) allows military personnel to break a lease without penalty.
- The unit is uninhabitable: If significant repair needs make the home unsafe or unlivable, you may be able to terminate the lease—seek advice first.
Official Notice Forms and How to Use Them
When ending a lease early, written notice is always required. Some situations call for specific forms:
- Notice of Intent to Vacate: No official state form number for standard early termination. Simply write a notice with: your name, address, date you’ll vacate, and reason (if required). Example: You’re relocating for work and must end your lease. Send a signed letter to your landlord, keeping a copy.
- Notice to Landlord: Domestic Violence Victim (Required under Statute 504B.206): No standard state form, but the statute requires a written notice plus one of the following:
- Order for Protection or court documentation
- A signed statement from a qualified third party (such as a healthcare provider or advocate)
Find sample forms and instructions from the Minnesota Attorney General’s Landlord and Tenant Guide.
How to Communicate Early Termination
Follow these steps to help protect your rights and minimize disputes:
- Read your lease carefully for fee details and notice requirements
- Write your notice letter—state the date you will vacate and your reason
- Deliver the notice by the method required in your lease (mail, email, or personal delivery)
- Keep a copy and proof of delivery for your records
- If exempt from fees (e.g., due to domestic violence), include supporting documents as required by law
Minnesota’s official tribunal for landlord-tenant matters is the district court in the county where your rental is located. Residential housing cases are often heard in Minnesota Housing Court (a division of District Court).
Action Steps if You Dispute a Fee
- Communicate your concerns in writing to your landlord
- If unresolved, you may file a complaint or pursue legal action through your local district/housing court
- Seek free legal consultation from renter advocacy services or the Legal Services State Support website
FAQ: Early Lease Termination Fees in Minnesota
- Can my landlord charge me for the full remainder of the lease?
Not always. Minnesota law requires landlords to make reasonable attempts to re-rent your unit. You are typically only responsible for rent during the vacancy period plus any reasonable early termination fee if specified in your lease. - Is my security deposit at risk if I terminate my lease early?
Yes, your landlord may deduct unpaid rent or damages, but cannot withhold your security deposit simply as a penalty for leaving early unless outlined in your lease (and within statutory limits). - Are there official state forms for early termination?
No standard form exists, but written notice is required. For domestic violence situations, specific documentation is needed, as described above. - Under what circumstances can I break my lease with no penalty?
If you are a victim of domestic violence, enter active military service, or if the apartment is uninhabitable, you may have a legal right to terminate early without penalty. Always provide required notice and documentation. - Where do I go if my landlord and I disagree on the fee?
Minnesota Housing Court (part of the District Court) handles these disputes. Contact your local court for filing options or mediation services.
Key Takeaways for Minnesota Renters
- Early lease termination fees must be stated in your lease to be enforceable.
- You have legal rights to break your lease in specific cases, such as domestic violence or active military service. Documentation is crucial.
- Written notice and communication protect your rights and security deposit.
By understanding Minnesota’s laws and using official forms, you can navigate early lease termination more confidently.
Need Help? Resources for Renters
- Minnesota Housing Court – information on filing housing disputes and tenant rights
- Minnesota Attorney General: Landlord and Tenant Rights Guide
- Legal Services State Support – free legal resources for renters
- Minnesota Statutes Chapter 504B: Landlord and Tenant Law
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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