Lawyers! I'm trying to move out of my appartment but they said there is a "no winter move out clause" ??

Question

My lease began 03/01/05 but under the "Lease Period Ends" it says "N/A". I plan to buy a house and was told that I have to give a 60-day notice but the 60-day notice cannot expire from Nov-Feb because they have "no winter move out clause” on the lease contract. Here is what the lease contract says:
FOR A TERM OF ONE YEAR commencing on the date above noted (Lease Period Begins) and ends at noon the last day of the twelfth moth thereafter, unless otherwise specified above. This lease shall be extended on a month to month basis unless either party gives to the other a written notice to the contrary at least 60 day prior to the termination, however in no event shall the lease terminate during the months of November, December, January, or February of any year. All the terms and conditions of this lease shall apply to such month to month tenancy shall continue until terminated by either party be service of a written notice at least 60 days prior to the expiration of any month to month term provided that such notice terminates said lease at the end of a rent paying period.
Does this apply to my lease even if it didn’t have a termination date? Do I have to stick to it? Is this legal? I mean I’m not moving to another apartment I’m buying a house. By the way I leave in Wisconsin. Where can I call to find more info?

Answer 1

I think section 704.25 (4), Wisconsin Statutes (2007) will govern your dispute, but I could be wrong - I'm not a Wisconsin attorney. I'm a Florida attorney. You should see a local attorney about what to do. My opinion is your lease ends on March 1st, 2008 (but I don't have the lease in front of me to be sure). To be honest, the court decisions interpretting chapter 704 of the Wisconsin statutes are the ultimate source of your answer. A Wisconsin attorney can answer that for sure. You can find one at the link below.

Answer 2

a.
It says "in no event shall the lease terminate during the months of November, December, January, or February of any year." That seems clear to me. You must either terminate in or before October or not until the following March or later.
b.
There are extraordinary circumstances in which laws allow a tenant to terminate no matter what the agreement says (for example, NY will allow military personnel to terminate a lease early if the military transfers them overseas), but buying a house is probably not one of them.
c.
"If a problem develops between you and your landlord, information and assistance may be available from various local groups and agencies, including housing code officials, landlord and tenant associations, and the Wisconsin Department of Agriculture, Trade and Consumer Protection.
...
For more information contact the Division of Consumer Protection at 800-422-7128 or file a complaint."

Answer 3

First of all, you may find that you have problems getting advice from an attorney on a website like this. Attorneys have specific codes of responsibility and concerns about malpractice lawsuits, and they might be afraid to give you advice on your situation outside of a bona fide attorney-client relationship. For legal advice, contact an attorney directly. There are lots of attorneys who will work for free or for reduced prices for low-income people, and some legal clinics specialize in landlord-tenant disputes.

In most states, a residential rental lease will become a month-to-month lease after the end of the initial term (in your case, one year). So your lease began on 3/1/05, and as of 3/1/06 it became a month-to-month lease.

Your lease requires that you give 60 days' notice. It also prohibits you from having your lease expire during November, December, January, or February of any year. I don't know if that clause is legal in Wisconsin, but I can't think of any reason why it would be prohibited.

If you want to move out right now, you shouldn't have to be concerned. If you give them your notice right now (at the end of August), you can just specify that you will move out on October 31, 2007. That way, you've given them more than 60 days' notice, and it's not expiring in November through February.

If you really want to move out during November through February, perhaps you can give them notice for March 1 and then sublet the house during the remaining months.

When you give notice, make sure to follow any requirements for notice (address, registered mail, etc) that are set forth in your lease. Provide them with your forwarding address, and keep a copy for your records. Good luck!

Answer 4

I'm not going to bore you with any legalese like the previous answers already posted.

Nobody can hold you to any type of contract; you can break it anytime you want. The caveat is that you are probably going to pay for the breaking of the contract. Therefore, you need to ask yourself whether you can live without your security deposit (which I assume we are dealing with a large apartment complex and they will turn the screws on you with this) as this is probably what they will take as compensation for your vacating.

They will probably have to mitigate their loss (with you vacating the apartment) so it would be wise if you could find a replacement tenant (who would be paying the same amount of rent) before you leave. However, you don't have to do this...

Hope this helps...

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Answer 5

Give your notice right now... like today!!! You will have fulfilled the requirements on the lease and will have a move-out date before November 1rst. If you wait until the first, then you will screw yourself. The smartest way to do this, based on your timeframe, is to fax, email and fed ex them the letter.... notorized. You will have a copy before the 60 day window.

Answer 6

Give them notice on Sept 1st , and your 60 days will end in Oct . . . , clear of the Nov to Feb stipulation .
No problem if you do it that way . . .

You did have an end date of 1 year later but is listed as N/A because it continues as a month to month .

It specifically says "No Nov, Dec, Jan or Feb" move outs AND
apparently YOU signed it . Maybe you should have read it .

Now you just have to give them a 60 day notice that ends in Oct .


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Answer 7

Go to this website and it should help you out.

http://wis-law.com/tenant.html

The only thing I see is that it states clearly on your lease what the terms of the lease are and that you signed it which means you understood and agreed to those terms.

N/A usually means NOT APPLICABLE

Answer 8

Wisconisin? I am in californina..and those that lease at the beach have a winter/summer contract lease.

so since...ya are not here in CA...you need to listen to an expert and the best i know is NEW MEXICO...and i see he has already responded....go with him...he's a professional!

good luck :)

Answer 9

Lol one of the essential parts of a contract to be enforceable is a begin and end date yours lacks an end date. The statutes on perpetuity would also need to be looked at.
I'm not an attorney so you need one to explain to you what I mean.
Free legal aid search for all states: http://www.lawhelp.org/
Best of luck on your research