Minn. Stat. § 504B § 504B.265
TERMINATION OF LEASE UPON DEATH OF TENANT.
Operative Text
Subdivision 1.Termination of lease. Any party to a lease of residential premises other than a lease at will may terminate the lease prior to its expiration date in the manner provided in subdivision 2 upon the death of the tenant or, if there is more than one tenant, upon the death of all tenants. Subd. 2.Notice. Either the landlord or the personal representative of the tenant's estate may terminate the lease upon at least two months' written notice, to be effective on the last day of a calendar month, and hand delivered or mailed by postage prepaid, first class United States mail, to the address of the other party. The landlord may comply with the notice requirement of this subdivision by delivering or mailing the notice to the premises formerly occupied by the tenant. The termination of a lease under this section shall not relieve the tenant's estate from liability either for the payment of rent or other sums owed prior to or during the notice period, or for the payment of amounts necessary to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Subd. 3.Waiver prohibited. Any attempted waiver by a landlord and tenant or tenant's personal representative, by contract or otherwise, of the right of termination provided by this section, and any lease provision or agreement requiring a longer notice period than that provided by this section, shall be void and unenforceable; provided, however, that the landlord and tenant or tenant's personal representative may agree to otherwise modify the specific provisions of this section. Subd. 4.Applicability. The provisions of this section apply to leases entered into or renewed after May 12, 1981.
Under Minn. Stat. § 504B.265, when a tenant dies during a fixed-term residential lease, the lease does not automatically end — but it can be terminated early through a formal notice process. Either the landlord or the personal representative of the tenant's estate may end the lease by providing at least two months' written notice, effective on the last day of a calendar month. The tenant's estate remains responsible for rent and other obligations through the notice period, as well as any costs to restore the property to its original condition, excluding ordinary wear and tear.
Plain English — not legal advice.
Landlords covered by Minn. Stat. § 504B.265 should be aware that upon a tenant's death, a fixed-term lease does not terminate automatically — a compliant operator provides or receives at least two months' written notice, delivered by hand or first-class mail, effective on the last day of a calendar month. Notice may be sent to the premises formerly occupied by the tenant when the landlord is the initiating party. Operators generally document all communications with the estate's personal representative and continue to track rent and any restoration obligations through the end of the notice period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. Stat. § 504B.265 gives the personal representative of a deceased tenant's estate the right to terminate a residential lease early by providing at least two months' written notice to the landlord, effective on the last day of a calendar month. The estate remains responsible for rent and applicable costs through the notice period, but any lease clause requiring a longer notice period or attempting to waive this right is void and unenforceable under this provision. Those managing a deceased tenant's estate may wish to consult a tenant-rights organization or legal aid resource to understand how this process applies to a particular lease situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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