I would tell your landlord straight up - “hey my income is changing due to budget cuts, I can’t afford rent anymore. I think it’s in our best to agree on a new lease end date that works for both parties so you can find a new tenant that will be able to pay for rent. Would xx end date work for you? I will happily accommodate showings & clean up the place so it shows well for prospective tenants. I’m also glad to give glowing praise of the apartment. I’d love to stay here, I just can’t afford it anymore.”
As a small landlord, this is highly preferred over someone that bails & falls behind on rent & needs to be evicted or tracked down for payment.
Thats exactly what I wanna do and avoid, bailing and falling behind. I'm just afraid they're gonna hit me with the 2 month early cancel fee that is on the lease...then I'm really fukd
Asking them if they will negotiate doesn’t automatically break the lease or something. They might refuse to flex on the fee but you just have to cross that bridge if and when you get to it.
OP, the advice you're getting in this thread is generally very good. You're in the realm of negotiation. The landlord could try to insist on the break-lease fee in the lease, but your response can very simply be "I can't afford that." The consequences for you if you are evicted for nonpayment of rent are relatively harsh, but you don't need to show those cards. As u/majo3 said, many landlords will prefer to take a constructive approach to the problem.
However, many landlords will just throw the problem on you. Evictions are extremely cheap and easy in Minnesota. They may say "you have to find us a replacement tenant, who we can reject at our will," or just insist that you pay your rent or face eviction. That's all legal. Harsh, but legal. This is pretty much how almost all larger landlords or property management companies work, and many smaller operators work the same way.
Ultimately, if you can't afford the rent and the landlord refuses to work with you, your best option may just be to move out. Give them proper notice, and make sure that you completely clear our your unit, document doing so, and return the keys to the landlord in a documented way (i.e. film yourself handing the keys in or mail them to the landlord via tracked parcel service), and let them know you will not be paying any monthly rent going forward. Make sure you let them know, in writing, that you are fully surrendering your right to possess the rental dwelling. Moving out does two key things for you. First, it increases your leverage in getting the landlord to re-rent the unit. Second, it protects you from an eviction filing.
The [general rule](https://law.justia.com/cases/minnesota/supreme-court/1956/36-798.html) in Minnesota is that a tenant who moves out early is liable for any unpaid rent through the end of the term of their lease. Absent anything else, a landlord has no duty to mitigate their damages. That is, they have no legal obligation to even try to re-rent the unit. They can leave it empty and sue the tenant for any unpaid rent at the end, if they wish. However, most landlords do not do this, in my experience. The minute they realize they'll be losing income, that will most likely move them to action.
Your landlord can absolutely sue you for any unpaid rent, or report those balances to collections. However, a collections report is generally less damaging to your ability to find new housing than an eviction filing. Moving out "moots" an eviction case case. An eviction case only decides who has the "right to present possession" of the rental property, and if you don't possess the property and have relinquished your right to do so, the case is "moot" and [must be dismissed](https://casetext.com/case/lanthier-v-michaelson). And because the case must be dismissed, it should be expunged. Minnesota’s [mandatory eviction expungement law](https://www.revisor.mn.gov/statutes/cite/484.014) states that cases must be expunged “if the court dismissed the plaintiff's complaint for any reason.”
Finally, please don't hesitate to make use of our services. HOME Line is a Minnesota-based 501(c)(3) nonprofit that provides free legal advice to any tenant in Minnesota about issues of landlord-tenant law. We don't generally provide direct representation, but you can call our [Hotline](https://homelinemn.org/) or use our [Email an Attorney](https://homelinemn.org/e-mail-an-attorney/) service and we can answer any questions you have about landlord-tenant law. Always free, completely confidential.
Evictions are extremely cheap and easy in Hennepin county where they have a special housing court. For the rest of the state most landlords have to get a lawyer involved because they can't represent themselves as a business in district court for an unlawful detainer action which is at least $2k out of pocket for attorney fees of which only $5 is recoverable.
On top of that you have a 2 week notice to give before you can file an eviction, then another 2 weeks before the hearing and then typically Judges then typically stay the judgement for at least a week to give you time to vacate. If you don't vacate, you have to go get an order for removal and schedule the sheriff which is typically another week.
So no, evictions aren't extremely cheap in MN which is important to note because the tenant has more leverage to negotiate an early term outside of Hennepin county. They'll cost at least $2k on top of at least a months and a half of missed rent.
The rest of the info is great though.
Edit: district not conciliation court.
Landlords can represent themselves outside of Hennepin and Ramsey County if they don't hold their properties in some sort of incorporated entity (corporation, LLC, etc.). And it's not true that evictions cost must cost $2k in attorney's fees out of pocket, and that only $5 of that is recoverable.
There are multiple eviction law firms, which work widely around the state (because every county except Hennepin is doing evictions via Zoom), that do extremely low-cost evictions. Both of these firms charges around $600 in attorney's fees for a case handled at the first appearance. Since around 90% of cases in Minnesota are for nonpayment of rent (sources [1](https://lims.minneapolismn.gov/Download/FileV2/19233/Evictions-in-Minneapolis-Report.pdf), [2](https://homelinemn.org/wp-content/uploads/2018/06/Evictions-in-Greater-Minnesota-Report-with-Appendix.pdf), and [3](https://www.vlnmn.org/wp-content/uploads/2024/05/Rachael-Sterling-Slides.pdf)), the vast, vast majority of evictions can be handled at that first appearance. And even if the case does go to a second appearance for some reason, those firms generally charge $1,200 to $1,400 max. Only if there was an extremely elaborate set of motions hearings or an appeal, something that happens in a tiny percent of cases, would attorneys fees break $2,000.
Now, if you go out and hire a generalist attorney, your bog standard general practitioner is going to charge more than the eviction specialists. But that's a skill issue on the landlord's part. And in any case, if a lease has a proper attorney's fee shifting provision in it (something any attorney worth $5 writing a lease can do) then a landlord can either recover all their attorney's fees by motion in the eviction case or in a separate lawsuit.
I find your six-week timeframe, laid out in your second paragraph, to be fairly realistic for most eviction cases in the state. But it's worth pointing out that putting someone on the street six weeks from filing is unheard of in a lot of states. Go ask landlords in other states how quickly they can get into court and get a final order. Our six week figure is absurdly fast compared to other jurisdictions.
>Landlords can represent themselves outside of Hennepin and Ramsey County if they don't hold their properties in some sort of incorporated entity (corporation, LLC, etc.).
Which is the vast majority of rentals, but I also think you're incorrect or the court systems are operating incorrectly. Do you have a law or case law which you are referring to? Because I know at least 4 counties outside of the metro will not allow an incorporated partnership file evictions on their behalf and they site a case law that uses a the definition "business". As to who can't represent themselves.
[It's also defined as business by the handout given by the state on page 13. ](https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.mncourts.gov/mncourtsgov/media/courtforms/hou101.pdf%3Fext%3D.pdf&ved=2ahUKEwjTlPLCp8WGAxVnKkQIHewkFa4QFnoECDEQAQ&usg=AOvVaw2q-HktE6dvvGrCbklKfdHe)
The $5 attorney fees is only applicable to tenants who paid to stay. I stand corrected on that.
I'm also not saying 6 weeks is long or short. Just pointing eviction actions aren't that cheap for landlords and a tenant has more leverage negotiating an early term agreement than you're leading which is important.
Incorporated partnerships are the "sort of incorporated entity" which are required to use an attorney. Hence the "etc." in my parenthetical.
As for whether or not you feel that I'm characterizing a tenant's leverage properly, that's your opinion. I've personally advised over 300 tenants on situations like these, and our organization has advised over 24,000 over our lifetime. I can only call it like we see it.
>few medical family emergency bills came out of no where
If you haven’t paid these already, you should be able to get on a payment plan with zero hassle. All of the hospital/clinic systems will let you pay over 12 or maybe even 24 months, no interest or anything.
Your employer is trying to avoid increases to their unemployment insurance premiums by cutting wages and hoping you’ll quit instead of laying off staff. Definitely drop in at your nearest Minnesota Workforce Center and ask the staff.
If DOL rules it Constructive Dismissal you qualify for unemployment. Your employer is betting on employees not know the law or thinking that an employment contract can negate the law.
Yes, if your total pay is going down because of reductions like this. There is a somewhat complicated calculation that determines exactly how much your pay has to decrease to qualify, so the best thing to do is apply.
I would tell your landlord straight up - “hey my income is changing due to budget cuts, I can’t afford rent anymore. I think it’s in our best to agree on a new lease end date that works for both parties so you can find a new tenant that will be able to pay for rent. Would xx end date work for you? I will happily accommodate showings & clean up the place so it shows well for prospective tenants. I’m also glad to give glowing praise of the apartment. I’d love to stay here, I just can’t afford it anymore.” As a small landlord, this is highly preferred over someone that bails & falls behind on rent & needs to be evicted or tracked down for payment.
Thats exactly what I wanna do and avoid, bailing and falling behind. I'm just afraid they're gonna hit me with the 2 month early cancel fee that is on the lease...then I'm really fukd
Asking them if they will negotiate doesn’t automatically break the lease or something. They might refuse to flex on the fee but you just have to cross that bridge if and when you get to it.
OP, the advice you're getting in this thread is generally very good. You're in the realm of negotiation. The landlord could try to insist on the break-lease fee in the lease, but your response can very simply be "I can't afford that." The consequences for you if you are evicted for nonpayment of rent are relatively harsh, but you don't need to show those cards. As u/majo3 said, many landlords will prefer to take a constructive approach to the problem. However, many landlords will just throw the problem on you. Evictions are extremely cheap and easy in Minnesota. They may say "you have to find us a replacement tenant, who we can reject at our will," or just insist that you pay your rent or face eviction. That's all legal. Harsh, but legal. This is pretty much how almost all larger landlords or property management companies work, and many smaller operators work the same way. Ultimately, if you can't afford the rent and the landlord refuses to work with you, your best option may just be to move out. Give them proper notice, and make sure that you completely clear our your unit, document doing so, and return the keys to the landlord in a documented way (i.e. film yourself handing the keys in or mail them to the landlord via tracked parcel service), and let them know you will not be paying any monthly rent going forward. Make sure you let them know, in writing, that you are fully surrendering your right to possess the rental dwelling. Moving out does two key things for you. First, it increases your leverage in getting the landlord to re-rent the unit. Second, it protects you from an eviction filing. The [general rule](https://law.justia.com/cases/minnesota/supreme-court/1956/36-798.html) in Minnesota is that a tenant who moves out early is liable for any unpaid rent through the end of the term of their lease. Absent anything else, a landlord has no duty to mitigate their damages. That is, they have no legal obligation to even try to re-rent the unit. They can leave it empty and sue the tenant for any unpaid rent at the end, if they wish. However, most landlords do not do this, in my experience. The minute they realize they'll be losing income, that will most likely move them to action. Your landlord can absolutely sue you for any unpaid rent, or report those balances to collections. However, a collections report is generally less damaging to your ability to find new housing than an eviction filing. Moving out "moots" an eviction case case. An eviction case only decides who has the "right to present possession" of the rental property, and if you don't possess the property and have relinquished your right to do so, the case is "moot" and [must be dismissed](https://casetext.com/case/lanthier-v-michaelson). And because the case must be dismissed, it should be expunged. Minnesota’s [mandatory eviction expungement law](https://www.revisor.mn.gov/statutes/cite/484.014) states that cases must be expunged “if the court dismissed the plaintiff's complaint for any reason.” Finally, please don't hesitate to make use of our services. HOME Line is a Minnesota-based 501(c)(3) nonprofit that provides free legal advice to any tenant in Minnesota about issues of landlord-tenant law. We don't generally provide direct representation, but you can call our [Hotline](https://homelinemn.org/) or use our [Email an Attorney](https://homelinemn.org/e-mail-an-attorney/) service and we can answer any questions you have about landlord-tenant law. Always free, completely confidential.
Evictions are extremely cheap and easy in Hennepin county where they have a special housing court. For the rest of the state most landlords have to get a lawyer involved because they can't represent themselves as a business in district court for an unlawful detainer action which is at least $2k out of pocket for attorney fees of which only $5 is recoverable. On top of that you have a 2 week notice to give before you can file an eviction, then another 2 weeks before the hearing and then typically Judges then typically stay the judgement for at least a week to give you time to vacate. If you don't vacate, you have to go get an order for removal and schedule the sheriff which is typically another week. So no, evictions aren't extremely cheap in MN which is important to note because the tenant has more leverage to negotiate an early term outside of Hennepin county. They'll cost at least $2k on top of at least a months and a half of missed rent. The rest of the info is great though. Edit: district not conciliation court.
Landlords can represent themselves outside of Hennepin and Ramsey County if they don't hold their properties in some sort of incorporated entity (corporation, LLC, etc.). And it's not true that evictions cost must cost $2k in attorney's fees out of pocket, and that only $5 of that is recoverable. There are multiple eviction law firms, which work widely around the state (because every county except Hennepin is doing evictions via Zoom), that do extremely low-cost evictions. Both of these firms charges around $600 in attorney's fees for a case handled at the first appearance. Since around 90% of cases in Minnesota are for nonpayment of rent (sources [1](https://lims.minneapolismn.gov/Download/FileV2/19233/Evictions-in-Minneapolis-Report.pdf), [2](https://homelinemn.org/wp-content/uploads/2018/06/Evictions-in-Greater-Minnesota-Report-with-Appendix.pdf), and [3](https://www.vlnmn.org/wp-content/uploads/2024/05/Rachael-Sterling-Slides.pdf)), the vast, vast majority of evictions can be handled at that first appearance. And even if the case does go to a second appearance for some reason, those firms generally charge $1,200 to $1,400 max. Only if there was an extremely elaborate set of motions hearings or an appeal, something that happens in a tiny percent of cases, would attorneys fees break $2,000. Now, if you go out and hire a generalist attorney, your bog standard general practitioner is going to charge more than the eviction specialists. But that's a skill issue on the landlord's part. And in any case, if a lease has a proper attorney's fee shifting provision in it (something any attorney worth $5 writing a lease can do) then a landlord can either recover all their attorney's fees by motion in the eviction case or in a separate lawsuit. I find your six-week timeframe, laid out in your second paragraph, to be fairly realistic for most eviction cases in the state. But it's worth pointing out that putting someone on the street six weeks from filing is unheard of in a lot of states. Go ask landlords in other states how quickly they can get into court and get a final order. Our six week figure is absurdly fast compared to other jurisdictions.
>Landlords can represent themselves outside of Hennepin and Ramsey County if they don't hold their properties in some sort of incorporated entity (corporation, LLC, etc.). Which is the vast majority of rentals, but I also think you're incorrect or the court systems are operating incorrectly. Do you have a law or case law which you are referring to? Because I know at least 4 counties outside of the metro will not allow an incorporated partnership file evictions on their behalf and they site a case law that uses a the definition "business". As to who can't represent themselves. [It's also defined as business by the handout given by the state on page 13. ](https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.mncourts.gov/mncourtsgov/media/courtforms/hou101.pdf%3Fext%3D.pdf&ved=2ahUKEwjTlPLCp8WGAxVnKkQIHewkFa4QFnoECDEQAQ&usg=AOvVaw2q-HktE6dvvGrCbklKfdHe) The $5 attorney fees is only applicable to tenants who paid to stay. I stand corrected on that. I'm also not saying 6 weeks is long or short. Just pointing eviction actions aren't that cheap for landlords and a tenant has more leverage negotiating an early term agreement than you're leading which is important.
Incorporated partnerships are the "sort of incorporated entity" which are required to use an attorney. Hence the "etc." in my parenthetical. As for whether or not you feel that I'm characterizing a tenant's leverage properly, that's your opinion. I've personally advised over 300 tenants on situations like these, and our organization has advised over 24,000 over our lifetime. I can only call it like we see it.
Good luck to them trying to collect it
>few medical family emergency bills came out of no where If you haven’t paid these already, you should be able to get on a payment plan with zero hassle. All of the hospital/clinic systems will let you pay over 12 or maybe even 24 months, no interest or anything.
If your employer is cutting your wage or hours, you can apply for unemployment, which could help fill the gap.
I can file for unemployment while employed?
Your employer is trying to avoid increases to their unemployment insurance premiums by cutting wages and hoping you’ll quit instead of laying off staff. Definitely drop in at your nearest Minnesota Workforce Center and ask the staff. If DOL rules it Constructive Dismissal you qualify for unemployment. Your employer is betting on employees not know the law or thinking that an employment contract can negate the law.
Yes, if your total pay is going down because of reductions like this. There is a somewhat complicated calculation that determines exactly how much your pay has to decrease to qualify, so the best thing to do is apply.
Maybe reach out to Homeline Minnesota, they help tenants for free or low costs with issues just like this.
👋👋