[m3rdpower]

I live in Neenah, WI. I started renting in Oct. of 2004. My year lease was up in 2005, but on my rental agreement it went to an automatic month to month if no other agreement was signed, I didn't sign another one and it started month to month Oct 2005. On the agreement it said I cannot move out in the months of November through March and am liable for rent until April. The landlord never verbally told me about the November through March and I thought this would only apply for the first year not the month to month that I am now in. The roof has leaked since I moved in and every electrical outlet in the house has a wiring fault. Landlord is aware of these problems but has not fixed. I want to move out at the end of February 2006. Am I legally bound to pay through April or is there housing code violations or something else that can get me out of this?

[RickJ]

I live in Neenah, WI. I started renting in Oct. of 2004. My year lease was up in 2005, but on my rental agreement it went to an automatic month to month if no other agreement was signed, I didn't sign another one and it started month to month Oct 2005. On the agreement it said I cannot move out in the months of November through March and am liable for rent until April. The landlord never verbally told me about the November through March and I thought this would only apply for the first year not the month to month that I am now in. The roof has leaked since I moved in and every electrical outlet in the house has a wiring fault. Landlord is aware of these problems but has not fixed. I want to move out at the end of February 2006. Am I legally bound to pay through April or is there housing code violations or something else that can get me out of this?

** The terms of the section explaining the month-to-month occupancy will be key, here. If you can quote it here, or post an image of your Lease, that would help a lot.

** Nothing he tells you - or doesn't tell you - verbally is binding.

** The repair issue cannot be related to the lease issue. If you notified the landlord more than 30 days ago about the needed repairs, then you can pay your rent at your local municipal court to have them force him to make them... but this is guaranteed to tick him off... so I wouldn't play that hand yet.

If I were you, I would read the section carefully about your responsibility as far as giving notice goes. Give him your notice right now, short and sweet, along these lines:

"In accordance with Section ___ of the Lease dated _______ by and between Landlord Joe Schmoe and Tenant m3rdpower, I hereby give my xx-day notice that I will be vacating 123 main street by 28 Feb, 2006."

In the meantime scan and post your lease here if you can. I'd like to see his response and that lease.

Here's the bottom line. Your landlord has far more over you than you do over him... so play this with some tact and niceness. If he wants to be a jerk, he can mess up your credit or rental history with little to no effort and expense, causing you to have to go through alot of effort and expense to rectify it - or even just defend yourself.

[excon]

Hello 3rd:

>>>I thought this would only apply for the first year not the month to month that I am now in. <<<

I think you’re right, and I would proceed based upon that basis. You either have a lease or your don’t. As you stated, after the year is over, the rental reverts to month to month. That’s what your state law says. Your landlord is trying to have it both ways. He’s happy with the month to month, but he wants HIS stipulation put upon it, which are very much LEASE stipulations. I don’t believe HIS stipulations are legal.

The only way to ultimately solve this will be through court action. I would write him a letter. Send it certified, return receipt requested. In it, give him the required 30 day notice, and tell him that you interpret the lease differently than he does. Tell him further, that if he wants you to pay, he’ll have to sue you.

He’s going to anyway, but that’s cool. At least you’ve taken the initiative, and if you lose, you would have lost anyway.

excon

This is not legal advice. It’s get tough advice.

[LisaB4657]

Unfortunately, when you have a written lease that expires and you become a month-to-month tenant, the tenancy continues on a month-to-month basis at the same terms and conditions as were contained in the original lease. This means that the "no moving" clause which was contained in the original lease is still a part of your tenancy. But give your notice anyway. You may be able to work out something with the landlord where you allow him to retain a small sum from your security deposit in return for you leaving a month early.

[RickJ]

I mostly agree with the above - except recognize even more the importance of seeing the Lease.

If the terms of the Notice Requirement conflict with the period that you cannot move, then it would come down to how a judge or referee would interpret it.

In other words, if the section explaining the Notice Requirement simply says, that a 30 day notice can be given at any time once the Lease becomes month-to-month, then interpretation would be needed.

I can say, though, that in issues of interpretation, judges and referees will (at least in my state, Ohio) lean toward what favors the tenant.

[excon]

Hello again.

Lisa and Rick absolutely might be right. I've never heard of this exact situation. Month to month, means that you can give 30 days notice at any time. So can he.

However, he wants "least type" protections for himself. I again assert, that he can't have it both ways. Can he give you 30 days notice during those non move out months? I'll bet he thinks he can. That's having it both ways.

My guess is, that the court will strike down the stipulations, and you will, indeed, have a month to month rental. Give him the requisite 30 day notice. Clean the place perfectly. Take pictures. Wait until the date where your deposit should be returned. Find out when that should be by reading your state Landlord Tenant Act. You may be able to find it at rentlaw.com Upon that date, when no check arrives, you should file a claim in small claims court. It's quick, cheap and easy.

The courts, however, don't always agree with me. They should, but the don't.

excon

[mr.yet]

I live in Neenah, WI. I started renting in Oct. of 2004. My year lease was up in 2005, but on my rental agreement it went to an automatic month to month if no other agreement was signed, I didn't sign another one and it started month to month Oct 2005. On the agreement it said I cannot move out in the months of November through March and am liable for rent until April. The landlord never verbally told me about the November through March and I thought this would only apply for the first year not the month to month that I am now in. The roof has leaked since I moved in and every electrical outlet in the house has a wiring fault. Landlord is aware of these problems but has not fixed. I want to move out at the end of February 2006. Am I legally bound to pay through April or is there housing code violations or something else that can get me out of this?

Since your lease, does have the no move out clause, even though it is month to month, you must following the original conditions of the lease. You may want to ask the landlord for a exception, maybe he will maybe not.

[mr.yet]

Does your lease state that they must fix problems like leaking roofs? If they refuse to fix any problem, they than cannot charge you for the repairs after you move. Remember put everything in writing and take lots of pictures and dates done, use that days newspaper in the picture.

[m3rdpower]

Thank you all very much for your info. I agree, if he wanted me out within those specified months he could and he shouldn't have it both ways. I will try to reason with him, if not then he can take me to court.

[sideoutshu]

I am a NY lawyer and I don't practice in the field, but I do remember some things from law school that may be able to help you. Based upon the structural defects and your notice to the landlord of these defects, you may be able to claim a "constructive eviction". Find a website that deals with Wisconsin specific laws and look up the terms:

Constructive eviction, and

Implied Warranty of Habitability

[phamt084]

NY lawyer sounded not knowledgeable at all.