I've been in my current apartment for about 19 months and after the first year, the lease I signed went month to month. Now, after 19 months they want to start auto withdrawls of rent from every tennent now and I do not want to do this. Is it legal to implement this and force us to auto withdrawl when theres already a standing month to month lease that doesnt require this. I've also signed no new lease and I'm in Wisconsin if that helps.
2007-10-20 14:12:10 · 9 answers · asked by Craig 1 in Business & Finance ➔ Renting & Real Estate
Are they asking to arrange auto withdrawals from some bank account, is that what you are saying?
If you do not want this, your best bet is to shop around for another place to stay.
As a practical matter there's lots of things landlords do that they are not legally allowed to do, and there's lots of things tenants do that they are not allowed to do, but the courts are slow ane expensive to resolve.
You do not want to be in the position of being evicted.
You do not want to be in the position of fighting your landlord in court.
Time to move voluntarily to a place of your choosing.
2007-10-20 14:32:23 · answer #1 · answered by Anonymous · 0⤊ 0⤋
technically there is NO lease if you're on a month to month so there is no "standing month to month lease" in place. You are a tenant at will and the landlord "allows" you to stay there without a lease. The auto withdrawl is more of a convenience for the Landlord not for you, it guarantees that the rent will not be late each month, it might be why they decided to implement it. No he cannot force you to pay by automatic withdrawl each month, however, he can give you 30 days to vacate if you don't and then you will have no choice but to sign up or vacate. If you don't like the rules move out there is no lease keeping you there.
2007-10-20 14:25:31 · answer #2 · answered by Weimaraner Mom 7 · 0⤊ 1⤋
Auto withdrawal of rent, or anything, is only legal if you give your consent. However, since you are tenant at will and have no lease (there is no such thing as a month to month lease unless you sign a new "lease" every month), the landlord can send you packing with a one-month notice. You basically have the choice of complying, moving out, or getting every tenant to refuse and see what happens. If you do the last, you could be sort of responsible for everyone being evicted. It is my guess that the landlord has had a rash of rent-skippers or late-payers and wants to keep a proper and constant cash flow.
2007-10-20 14:26:06 · answer #3 · answered by MICHAEL R 7 · 0⤊ 1⤋
If you do not wish to partake in the automatic withdrawal of rents system, you cannot be forced to do so. However, you will probably be asked to leave the apartment, and that is quite legal for the landlord to do. Since you have no signed lease in effect, you are under 'statutory lease', which are the rules of rental implemented under the laws of the State of Wisconsin. Your landlord can terminate your tenancy for NO reason other than that he wishes to terminate it. He must give you thirty days notice from any specific rent payment due date, and you will be expected to be gone by the end of the coming month.
2007-10-20 15:36:00 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
Yes it's legal. Since your now on a month to month lease, the landlord can change the your rental terms every month with notice. Fortunately, if you don't like the new terms, you have the affordability to turn in your thirty day notice and move.
2007-10-22 01:45:59 · answer #5 · answered by LILL 7 · 0⤊ 0⤋
If you both agree, the landlord can automatically withdraw the rent from your account. This saves the landlord collection issues and helps the tennant out so that they do forget when rent is due.
If you don't agree and the landlord requires this, he can just give you 30 day notice as you are now on month to month.
2007-10-20 14:20:05 · answer #6 · answered by Tim 7 · 2⤊ 0⤋
At first blush-simple answer-NO but here's the link for the law! read on! for every sate in the country!
2007-10-20 14:22:27 · answer #7 · answered by helprhome 5 · 0⤊ 1⤋
im not for certain but i do not believe they can not make you have only this (1) option to pay your rent. consult an attorney and contact housign authority
2007-10-20 14:22:02 · answer #8 · answered by GG 7 · 0⤊ 1⤋
I don't think they can force it, but it is certainly a good idea. You never have to worry about being late.
2007-10-20 14:20:40 · answer #9 · answered by Anonymous · 1⤊ 1⤋