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Minnesota Medical Lease Termination: Notice and Timing

By The Housing Current Editorial TeamOctober 15, 20265 min read

Minnesota medical lease termination requires at least two months’ notice. Check eligibility, required documents, delivery methods and when rent ends.

Minnesota medical lease termination lets an eligible renter end a covered lease, but moving into care does not itself end rent obligations. The renter must give at least two months’ written notice and choose a termination date on the last day of a calendar month. The notice must include medical documentation and proof of acceptance or a pending application at a qualifying destination. These requirements appear in Minnesota Statutes section 504B.266.

Check the lease date and medical eligibility

The provision applies to leases entered into or renewed on or after January 1, 2024. For this purpose, a tenancy at will is treated as renewed at the beginning of each rental period. That applicability rule comes from the 2023 enactment, article 19, section 101, which took effect January 1, 2024. Check the lease and renewal history before preparing notice.

A qualifying medical professional must find that the tenant needs to move into a medical care facility. The tenant must also meet at least one of these conditions:

  • Need help with instrumental or personal activities of daily living because of medical reasons or a disability.
  • Meet a nursing-facility level-of-care criterion identified in section 144.0724, subdivision 11.
  • Have a disability or functional impairment in at least three areas identified in section 245.462, subdivision 11a, with self-sufficiency markedly reduced because of mental illness.

The terms refer to everyday tasks: Minnesota DHS gives examples such as bathing and dressing for daily self-care, and preparing meals or paying bills for instrumental activities. These examples explain the language; the medical-professional finding and other requirements above still govern eligibility.

The statute recognizes a currently licensed physician, an advanced practice registered nurse, or a mental health professional meeting its referenced definition. A diagnosis alone does not establish eligibility: the need for the qualifying move and an applicable care criterion matter too. See subdivisions 1 and 2.

Confirm that the destination qualifies

The statutory list includes nursing homes, assisted living facilities, hospice care, residential hospice facilities, licensed boarding care homes and supervised living facilities. It also includes specified state facilities, facilities providing adult foster care, and facilities providing intensive residential treatment services. Each category is tied to a legal definition or licensing requirement in subdivision 1.

An accessible rental unit can also qualify. Here, “accessible” means a unit meeting the State Building Code’s requirements for persons with disabilities, under section 363A.40. Ask the receiving property or care provider to identify the applicable category; a marketing label such as senior housing does not establish it.

When the tenant requires an accessible unit, check whether the landlord can provide one in the same complex. If one is available within two months of the request, section 504B.266 does not permit termination on that basis. Ask which unit the landlord can provide and when, and keep the response. This availability period runs from the request and is distinct from the termination notice period. See subdivision 2(b).

Assemble and deliver the complete notice

To help the landlord process the written notice, identify the tenant, rental address, lease and intended termination date, and state that the tenant is invoking section 504B.266. These are practical identifying details. The statute expressly requires two attachments:

  1. A copy of the medical professional’s written documentation of the infirmity.
  2. Documentation showing acceptance as a resident or a pending application at a location where the professional has indicated the tenant needs to move.

A documented pending application satisfies the placement-document requirement; final acceptance is not required at the notice stage. An intention to apply is not enough. Coordinate the medical and placement documents so they identify the qualifying move consistently. See subdivision 3.

The tenant can give notice personally, or an authorized representative can act. The representative’s definition is specific: an attorney-in-fact acting under a power of attorney under section 523.24, or a court-appointed conservator or guardian under chapter 524. Being a relative or emergency contact alone does not meet that definition. See subdivision 1(b).

Deliver the notice and attachments by hand or by prepaid first-class U.S. mail, the methods specified in subdivision 3. Use one of those methods even if routine conversations happen by email or text. Keep a complete copy and evidence of delivery or mailing; when hand-delivering, request a dated acknowledgment.

Separate the move date from the rent-ending date

The two timing conditions work together: the notice must allow at least two months, and termination must fall on the last day of a calendar month. Counting 60 days or using the care facility’s admission date can miss those requirements. See subdivision 3.

Hypothetical example: Assume the tenant qualifies, the accessible-unit exception does not apply, and the lease would otherwise continue through June 2027. The landlord receives a complete notice by hand on October 15, 2026, naming December 31, 2026, as the termination date. The tenant moves into qualifying assisted living on November 10. Assume no separate agreement or other event ends the lease earlier.

Date What it means
October 15 Complete notice is hand-delivered.
November 10 The tenant moves; that does not itself end the lease.
November 30 A month-end date, but less than two months after notice.
December 15 Two months after notice, but not the last day of a calendar month.
December 31 The selected date satisfies both timing conditions.

Under these assumptions, rent remains due through December 31. If monthly rent is $1,400 and October is already paid, November and December total $2,800. These amounts illustrate the calculation; they are not reported rent figures.

The example uses hand-delivery to avoid uncertainty about mail timing. If mailing, allow delivery time and keep proof rather than relying on a last-minute postmark to establish the earliest possible termination date.

Account for remaining charges and other tenants

Termination does not erase rent or other sums owed before or during the notice period. It also preserves liability for restoring the premises to their condition at the start of the tenancy, excluding ordinary wear and tear. These obligations remain under subdivision 3. Photograph the condition when leaving and request an itemized account of remaining charges.

For a shared lease, one tenant can satisfy the medical eligibility requirement. The 2024 amendment, section 24, replaced the original requirement that all tenants qualify; section 32 made that change effective January 1, 2025.

Section 504B.266 authorizes termination of the lease. It does not set out a separate process for removing only the departing tenant’s name while guaranteeing unchanged terms for someone who stays. If another tenant wants to remain, document the proposed arrangement with the landlord and have a Minnesota housing attorney or legal-aid lawyer review unresolved questions about continued occupancy or liability.

A lease cannot waive this statutory termination right or impose a longer notice period when the provision applies. Other legal rights and remedies remain available under subdivisions 4 and 5.

Keep any agreement concerning remaining occupants with the notice package and delivery record. Before closing the file, confirm that it records the termination date separately from the move date.

For other moving questions, see The Housing Current’s practical renting guides. Property managers can find related rental management and tenant-service coverage.

Frequently asked questions

Can I break my Minnesota lease to move into assisted living?

You may qualify if the lease is covered, a qualifying medical professional finds that you need the move, and you meet a statutory care criterion. The assisted living facility must fit the statute’s definition, and you must provide the required documents and notice. Admission alone does not terminate the lease.

Does a pending application satisfy Minnesota’s medical lease-termination documentation requirement?

Yes. Documentation of a pending application can satisfy the placement-document requirement when it concerns a location where the medical professional has indicated you need to move. You must also provide the professional’s written medical documentation and meet the remaining eligibility and notice requirements.

Can a family member give the termination notice?

A family member can act as the statutory authorized representative if they are an attorney-in-fact acting under the specified power-of-attorney law or a court-appointed conservator or guardian. Family relationship or emergency-contact status alone is insufficient. The tenant can also give notice personally.

Does rent stop when I move into the care facility?

Moving does not itself end the rent obligation under section 504B.266. The statute preserves rent and other sums owed before or during the notice period. A separate agreement or another applicable legal rule could affect the result.

Can my landlord require three months’ notice instead?

When section 504B.266 applies, a lease provision requiring a longer notice period than the statute provides is void and unenforceable. You still must give at least two months’ written notice with a termination date on the last day of a calendar month.

Sources & methodology

  1. 2025 Minnesota Statutes, section 504B.266: Termination of Lease Upon Infirmity of Tenant — Minnesota Office of the Revisor of Statutes
  2. Laws of Minnesota 2023, chapter 52, article 19, section 101 — Minnesota Office of the Revisor of Statutes
  3. Laws of Minnesota 2024, chapter 118, sections 24 and 32 — Minnesota Office of the Revisor of Statutes
  4. 2025 Minnesota Statutes, section 363A.40: Rental Housing Priority; Accessible Units — Minnesota Office of the Revisor of Statutes
  5. Section 504B.266 Versions — Minnesota Office of the Revisor of Statutes
  6. 2023 Minnesota Session Laws: Chapter 52 Versions — Minnesota Office of the Revisor of Statutes
  7. 2024 Minnesota Session Laws: Chapter 118 Versions — Minnesota Office of the Revisor of Statutes
  8. Section 363A.40 Versions — Minnesota Office of the Revisor of Statutes
  9. Laws of Minnesota 2026, Table 2: Minnesota Statutes New, Amended, or Repealed — Minnesota Office of the Revisor of Statutes
  10. HF 3981 Status in the House, 94th Legislature — Minnesota Office of the Revisor of Statutes
  11. HF 3981, Introduction — Minnesota Office of the Revisor of Statutes
  12. SF 4369 Status in the Senate, 94th Legislature — Minnesota Office of the Revisor of Statutes
  13. Minnesota Session Laws, 94th Legislature — Minnesota Office of the Revisor of Statutes
  14. CDCS service category: Personal assistance — Minnesota Department of Human Services

Written by

The Housing Current Editorial Team

Editorial Team

Reporting, analysis, and practical explainers across housing markets, mortgage finance, real estate business, investing, policy, and homebuilding.

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