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Providing Notice to Tenants

During your time as a landlord, you will periodically need to communicate information to your tenants. You may need to inform your tenants that a technician will visit the property to inspect the furnace, or you may need to terminate a month-to-month tenancy. Regardless of the situation, you need language in your lease that allows you to provide notice to your tenants by mailing a letter to the property.

If you do not have this language in your lease, it will be very difficult to cancel a month-to-month lease with a tenant who refuses to accept mail. To prevent this situation, you should include language such as "any notice provided for or concerning this Lease must be in writing and will be deemed sufficiently given when mailed first class postage prepaid to the designated address of each party. Tenant's designated address is the mailing address of the Property. Landlord's designated address is [your address]." If you do not have this language in your lease, a tenant can claim that s/he never received the letter that you sent to the tenant. In contrast, with this language in your lease, a judge will not listen to the tenant's claims that s/he never received the letter.

Finally, make sure you also disclose in writing the name and address of the property manager or landlord before the beginning of the tenancy, which is required by Minnesota law. Minn. Stat. § 504B.181, subd. 1. The Rules for Hennepin and Ramsey Counties also require that all eviction complaints describe how the landlord has complied with this disclosure requirement. Minn. Gen. R. Prac. 604(a)(3).

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