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Prorate, deposit withheld

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JETX

Senior Member
treese said:
Yep ... that is current and basically that same as previously posted.You are still on the hook for rent until January 31st.
Sorry, but I still disagree.

Though the website you posted does agree with the OAG's website, the actual text of the law no longer includes that provision.

Here is the statute (repealed) which is cited in YOUR post (click on the statute reference at the end of their opinion):
504.06 - Estate At Will, How Determined; Notice
Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party, and, when the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it be equal to the interval between the times of payment; and, in all cases of neglect or refusal to pay the rent due on a lease at will, 14 days' notice in writing to quit, given by the landlord to the tenant, is sufficient to determine the lease.


This is what the state website shows for THAT statute (504.06):
504.06 Repealed, 1998 c 253 s 80

A review of the law that is NOW in effect (as noted in my earlier post) has removed some of the provisions of the repealed statute and now simply says:
504B.135 Terminating tenancy at will.
(a) A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.
(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing.
HIST: 1999 c 199 art 1 s 8


Though there are two non-statutory websites (one being by the AG's office), the information shown on both of them CLEARLY does not reflect the current (2005) statute(s).

And with the deletion of that full 30 days notice from the rent due date.. the 1932 case law would also no longer be valid.
 


mingerso

Junior Member
http://www.revisor.leg.state.mn.us/stats/504B/178.html
The link above is for 504B.178. The part in question is:
"
....The landlord may withhold from the deposit only amounts reasonably
necessary:

(1) to remedy tenant defaults in the payment of rent or of
other funds due to the landlord pursuant to an agreement; or
"

Now I'm not sure how this applies to the other sections or even sure what it means - simply posting it because it seems like it could affect me indirectly...? Almost like it's not complete. I don't know how to interpret it into plain english. It does seem to lack anything about the relation of notice versus deposit/paying rent in full for the next month, and I would assume that part should be here if that were true.

So I see your point JETX.... but still feel like theres something missing.
 

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