Know Your Rights: Commercial Leases in Minnesota

If you rent space for your business in Minnesota, your rights come mainly from your lease, not from state law. Most protections for residential tenants do not apply to commercial tenants. Here is what you need to know.

Your Rights

  1. Your lease is your primary source of rights. Commercial leases are governed by contract law, not the residential protections in Minn. Stat. § 504B . The specific terms you agreed to control most disputes. Read your lease carefully before taking any action.

  2. Your landlord generally cannot lock you out. Even in a commercial lease, your landlord usually must go through the court eviction process to remove you. If you are locked out, consult an attorney immediately.

  3. You can review CAM charge records. If you pay common area maintenance (CAM) charges, you have the right to review the landlord’s books and records to verify those costs. Errors and improper charges are common in CAM reconciliations.

  4. Your renewal options must be honored. If your lease includes an option to renew, your landlord must honor it as long as you follow the required procedures and deadlines. Missing a renewal deadline can mean losing your right to stay.

  5. You have 6 years to sue for breach of a lease. The statute of limitations for breach of contract in Minnesota is 6 years under Minn. Stat. § 541.05 . This applies to commercial lease disputes.

  6. Closing your business does not end your lease. You remain responsible for rent and other obligations through the end of the lease term unless you negotiate an early termination or find an approved assignee. Personal guarantees can make you personally liable even after a business closes.

What to Do

  • Read your entire lease before any dispute. Pay close attention to default and cure provisions, notice requirements, dispute resolution clauses, and attorney fee provisions. Include all amendments and addenda.
  • Put everything in writing. Send all notices and complaints by certified mail to the address listed in your lease. Follow your lease’s notice procedures exactly.
  • Review every CAM reconciliation. Check annual CAM statements line by line. Ask for supporting documents if charges seem high or unfamiliar.
  • Watch your deadlines. Renewal options, termination notices, and cure periods have strict deadlines. Missing them can cost you your rights. Mark these dates on your calendar.
  • Try negotiation and mediation first. Many disputes can be resolved without court. Check whether your lease requires mediation or arbitration before filing a lawsuit.
  • Get an attorney involved early. Commercial lease disputes involve high financial stakes. An experienced real estate or business attorney is strongly recommended, especially before signing a new lease.

Important Deadlines

Deadline What It Means
10-30 days (per lease) Typical cure period to fix a breach after written notice
90-180 days (per lease) Common advance notice required to exercise a renewal option
60-180 days (per lease) Common advance notice required to terminate a lease
6 years Statute of limitations for breach of contract claims

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For more detail: See our full guides on these topics:

Commercial Lease Disputes in Minnesota

A plain-language guide to understanding commercial lease issues in Minnesota, including lease terms, disputes with landlords, and legal options for business tenants.

Contract Disputes in Minnesota

A plain-language guide to understanding and resolving contract disputes in Minnesota, including breach of contract, remedies, and the court process.