Can atenant be required to pay 4 additional months because of a no-moveout clause?
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Can atenant be required to pay 4 additional months because of a no-moveout clause?
My year lease expires at the end of next month and requires a 60 notice to vacate. It says in the lease that if no new lease is signed, it will go month-t- month. I gave me notice 2 days ago (I know, not 60 days) but was willing to pay the extra rent payment for the next month. I was then informed that there was a 4 month no move out period for the next 4 months. I want to know if this legal. I was perfectly willing to pay the extra month for not giving a 60-day notice, but I am not willing to pay 4 extra months.
Asked on September 28, 2011 under Real Estate Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Let me try and understand this. The lease requires a 60 day notice to vacate in one provision, which is fine. If you agreed to it you are bound by it. If you do not renew then you become a month to month tenant which is also the law probably. Then you would need to give a month's notice to vacate. Okay there. But what is the deal with the 4 month no move out period? That clause, I am 99.99% sure, would be invalidatedunder any state law and it is in contradiction to the other provisions of the lease. If that is the case then if construed by the courts it would be construed in favor of the tenant and aganist the landlord who drafted the lease agreement. So give the proper 30 day notice - in writing and in accordance with the law - and go speak with a tenant's rights organization to be sure. Good luck.
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