Minnesota Subletting, Lease Endings & Tenant Death
Minnesota rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: For an automatic-renewal clause in a lease of two months or more that renews the lease for two months or more unless the tenant gives notice, the landlord can enforce it only by giving the tenant written notice calling attention to the clause, served personally or by certified mail 15 to… Minn. Stat. §§504B.145, 504B.141, 504B.285 subd. 1
The rules in Minnesota
| When the lease ends | For an automatic-renewal clause in a lease of two months or more that renews the lease for two months or more unless the tenant gives notice, the landlord can enforce it only by giving the tenant written notice calling attention to the clause, served personally or by certified mail 15 to 30 days before the tenant's notice deadline (Minn. Stat. §504B.145). When a tenant stays after the lease expires without the landlord's express agreement, the only tenancy implied is for the shortest interval between rent payments under the expired lease (§504B.141). A tenant who holds over after the lease term can be evicted (§504B.285, subd. 1). The sections read do not set a holdover rent penalty. |
|---|---|
| If a tenant dies | When the tenant dies (or all tenants die), either the landlord or the personal representative of the tenant's estate may end a residential lease (other than a lease at will) early with at least two months' written notice, effective on the last day of a calendar month, delivered by hand or first-class mail (the landlord may mail it to the unit). The estate still owes rent and other sums due before and during the notice period and the cost of restoring the unit beyond ordinary wear and tear. Lease clauses waiving this right or requiring longer notice are void. The section does not address the deceased tenant's belongings; it applies to leases entered into or renewed after May 12, 1981. Source: Minn. Stat. §504B.265 |
Minnesota vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Minnesota | Not verified yet | For an automatic-renewal clause in a lease of two months or more that renews the lease for two months or more unless the tenant gives notice, the landlord can enforce it only by giving the tenant written notice calling attention to the clause, served personally or by certified mail 15 to 30 days before the tenant's notice deadline (Minn. Stat. §504B.145). When a tenant stays after the lease expires without the landlord's express agreement, the only tenancy implied is for the shortest interval between rent payments under the expired lease (§504B.141). A tenant who holds over after the lease term can be evicted (§504B.285, subd. 1). Minn. Stat. §§504B.145, 504B.141, 504B.285 subd. 1 | When the tenant dies (or all tenants die), either the landlord or the personal representative of the tenant's estate may end a residential lease (other than a lease at will) early with at least two months' written notice, effective on the last day of a calendar month, delivered by hand or first-class mail (the landlord may mail it to the unit). The estate still owes rent and other sums due before and during the notice period and the cost of restoring the unit beyond ordinary wear and tear. Lease clauses waiving this right or requiring longer notice are void. Minn. Stat. §504B.265 |
| Iowa | Iowa has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. Iowa Code chs. 562A and 562 (reviewed) | Either side may end a month-to-month tenancy with written notice at least 30 days before the rental date, and a tenancy longer than month-to-month with written notice at least 30 days before the end of the term. If a tenant stays without the landlord's consent after the lease ends, the landlord may sue for possession and, if the holdover is willful and not in good faith, recover actual damages and attorney fees. If the landlord consents to the tenant staying, the tenancy becomes month-to-month. Iowa's general landlord-tenant chapter also makes a tenant who willfully holds over after the term and after notice to quit liable for double the rental value. Iowa Code §§ 562A.34, 562A.9(5), 562.2 | Not verified yet |
| North Dakota | North Dakota has no state law in its lease chapter that sets a consent standard for subletting or assigning a residential lease (for example, a rule that consent may not be unreasonably withheld). The chapter provides only that a landlord keeps its remedies against a tenant's assignee for claims arising while the assignee holds the lease. N.D.C.C. ch. 47-16 (reviewed); § 47-16-30 | If a residential tenant stays after the lease ends and the landlord accepts rent, the tenancy is presumed to continue as month to month (unless the lease has an automatic renewal clause). A landlord may enforce an automatic renewal clause in a residential lease of two months or more only if it notified the tenant in writing, personally or by first-class mail, at least 30 days before the lease expires; otherwise the lease converts to month to month. A month-to-month tenancy that results can be ended on the last day of a month with at least one calendar month's notice. N.D.C.C. §§ 47-16-06, 47-16-06.1, 47-16-15(5) | When a residential tenant dies, any surviving tenant or the tenant's estate may choose to end the lease on the last day of the month following the month of death, unless the lease ends sooner. Deposit return then follows the general security-deposit rule, and belongings left behind are subject to the abandoned-property rule. N.D.C.C. §§ 47-16-18, 47-16-07.1, 47-16-30.1 |
| South Dakota | South Dakota has no state law in its lease chapter that sets a consent standard for a residential tenant to sublet or assign. The chapter provides that a landlord has the same remedies against the tenant's assignees, for claims arising while they hold the lease, as against the original tenant (except an assignment made only as security for a loan without possession). SDCL ch. 43-32 (reviewed); SDCL 43-32-20 | If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms and for the same length of time, up to one year. A lease with no stated term renews automatically unless either party gives notice at least as long as the rental period, up to one month. A tenant who holds over after the lease ends can be removed through an eviction (forcible entry and detainer) action. SDCL 43-32 sets no holdover rent penalty and no rule on automatic renewal clauses. SDCL 43-32-14, 43-32-15; SDCL 21-16-1(4) | A lease that either party can end at will is terminated when the other party receives notice of the tenant's death; in other cases the lease is not ended by the tenant's death. The lease chapter has no separate procedure for a deceased tenant's belongings or deposit. SDCL 43-32-23; SDCL ch. 43-32 (reviewed) |
| Wisconsin | A tenant with a tenancy at will or a periodic tenancy shorter than year-to-year (such as month-to-month) may not assign or sublet without the landlord's agreement or consent. Other tenants (for example, under a fixed-term lease) may transfer their interest unless the lease expressly restricts it. Consent to one transfer is not consent to later transfers. Wis. Stat. § 704.09(1), (5) | An automatic renewal or extension clause in a residential lease cannot be enforced against the tenant unless the landlord gives separate written notice of it 15 to 30 days before the tenant's deadline to give notice. If a residential tenant holds over after the lease expires, the landlord may remove the tenant or choose to treat the tenant as month-to-month on the same terms (accepting rent counts as that choice). If the tenant stays without consent, the landlord may recover damages of at least twice the daily rental value for each day of holdover. Wis. Stat. §§ 704.15, 704.25, 704.27; Wis. Admin. Code ATCP 134.09(3) | When a residential tenant dies, the tenancy ends on the earlier of 60 days after the landlord learns of the death or the end of the lease term; a month-to-month or at-will tenancy ends 60 days after the landlord learns of the death. The tenant's estate owes no rent after that, subject to the landlord's duty to reduce its losses, and other adult tenants remain bound. The landlord may not contact the tenant's family to collect rent they do not owe. Wis. Stat. § 704.165 |
City rules that may add to state law
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Minnesota Subletting, Lease Endings & Tenant Death FAQ
What happens when my lease ends in Minnesota?
For an automatic-renewal clause in a lease of two months or more that renews the lease for two months or more unless the tenant gives notice, the landlord can enforce it only by giving the tenant written notice calling attention to the clause, served personally or by certified mail 15 to 30 days before the tenant's notice deadline (Minn. Stat. §504B.145). When a tenant stays after the lease expires without the landlord's express agreement, the only tenancy implied is for the shortest interval between rent payments under the expired lease (§504B.141). A tenant who holds over after the lease term can be evicted (§504B.285, subd. 1). (Minn. Stat. §§504B.145, 504B.141, 504B.285 subd. 1)
What happens to a lease when a tenant dies in Minnesota?
When the tenant dies (or all tenants die), either the landlord or the personal representative of the tenant's estate may end a residential lease (other than a lease at will) early with at least two months' written notice, effective on the last day of a calendar month, delivered by hand or first-class mail (the landlord may mail it to the unit). The estate still owes rent and other sums due before and during the notice period and the cost of restoring the unit beyond ordinary wear and tear. Lease clauses waiving this right or requiring longer notice are void. (Minn. Stat. §504B.265)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.