Owner Occupied with existing tenant

[Ryan Knutson]

Hello All,

I just took over a new property and plan on living in one of the units for awhile. The current tenant was currently on a month-to-month lease agreement and I plan on keeping that the same when I move in to make sure things are a good fit. However, I continue to have issues with this tenant not meeting me at specified times to get the new contract signed over since we just closed on this property last week. My question is, can I give the 30 day notice to vacate since it is a month-to-month contract right away since I will be living in the building and the tenant is refusing to sign the new agreement and that the old contract as well as my new contract are both month-to-month terms? I would like to have my own tenants screened as well as give me some time to do some work on the unit and add some upgrades for future tenants.Thank you for any input. 

[Tim Swierczek]

@Ryan Knutson I'm not an attorney but my understanding is that you are not yet legally able to non-renew a lease right now unless the tenant is behind on rent and does not qualify for rental assistance.  Since this is not the case for you, I believe you cannot issue a lease termination/nonrenewal until after October 12th.  

Here's the information from a source I trust https://homelinemn.org/phaseou...

When are lease terminations or lease non-renewals allowed?

On June 30, 2021 (1 day after this law was enacted), a landlord may not terminate or refuse to renew a lease unless:

• The tenant seriously endangers the safety of others.
• The tenant significantly damages property.
• The tenant allows a violation of MN Stat. 504B.171 Subdivision 1 (allowing controlled substances, prostitution, unlawful use/possession of firearm, stolen property on the premises).
• The tenant has materially violated the lease, other than nonpayment of rent. What is a material violation of a lease?

On August 13, 2021 (45 days after this law was enacted) a landlord may terminate or not renew a lease for those with outstanding rent who are ineligible for a COVID-19 emergency rental assistance program (such as RentHelpMN.org or the Zero Balance Project).

On October 12, 2021 (105 days after this law was enacted): a landlord can end a lease for any legal reason, with the appropriate written notice if required in the lease, or the written notice required under MN Stat. 504B.135 (tenancy at will).