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A lease is for a term specific... when is the lease up?
I agree. If the landlord didn't want him moving out in the winter, the lease would be until March 1, and he would be breaking the lease if he moved out before then. Read the lease.
Basically if you or him signed it, you signed to say you agreed on that!
Read before you sign!
Doh!
Quote:
Originally Posted by Beth56
I agree. If the landlord didn't want him moving out in the winter, the lease would be until March 1, and he would be breaking the lease if he moved out before then. Read the lease.
I hope I'm correct, but I assume he's now on a month-to-month lease with a two-month minimum move-out notice. That's a commonly offered lease renewal option in the OP's area. (If he was trying to move out before, say, a 1 year lease was completed, I wouldn't have any advice whatsoever.)
Last edited by Thegonagle; 10-28-2009 at 10:27 PM..
His is a month to month lease with 46 days' notice. I do not live with him and have never been on the lease.
I think I will contact the tenant hotline for the City of Minneapolis. If it's enforcable by law, then we're ok with that; it's not going to affect his moving plans, and it'll just be a bummer that he has to pay two months' rent for an empty apartment.
However, I totally agree; "If you signed it, it's enforcable," is only valid if there is no superceding law in place -- ie, law trumps lease, and if the law says that the landlord cannot dictate that, then the landlord is out of luck. My question is not about the lease, it's about the possible existence of a superceding law.
I have a feeling he's out of luck, but for that much money it's totally worth a phone call!
I also have the same problem with winter clause, i am on month to month lease and had planned to move out on the end of november but the landlord is saying that i am reliable for the rent on those winter months.. can someone help me out...
I also have the same problem with winter clause, i am on month to month lease and had planned to move out on the end of november but the landlord is saying that i am reliable for the rent on those winter months.. can someone help me out...
Quote:
Originally Posted by MrRational
If you're a month to month tenant...
then your obligation to pay or to give notice that your leaving
is limited to (ta dah) a month at a time.
Know which you actually are.
Quote:
Originally Posted by sharukh
i have the same problem with winter clause..
What your lease(s) say in a winter clause isn't enforceable in a month to month lease agreement. So poster MrRational is correct. If you're on a month to month agreement you can't be held liable to such a clause. If you're on a long lease which has a winter clause quit clause then you are. As has been said, read your lease.
I don't know that I agree with you on that one, STT. Even on a month to month lease, if the lease says notice for move out will not be accepted in November, December, or January, or something similar, that is probably enforceable, even on a month to month.
If you aren't month to month, there is no point in having a "no winter moveout" clause, since you just make the lease not end in those months.
So the entire point of having a winter move out clause is for those on month to month leases. I would bet that it is entirely enforceable if written correctly in the lease, and you probably are liable for the winter months.
So the entire point of having a winter move out clause is for those on month to month leases. I would bet that it is entirely enforceable if written correctly in the lease, and you probably are liable for the winter months.
Absent an end date (eg an actual lease)...
I don't believe that any sort of "winter moveout clause" will be enforceable.
And even with a regular lease I doubt that it would be.
Maybe if some reciprocal accommodation is made like reduced rent for those months... but even still.
I don't know that I agree with you on that one, STT. Even on a month to month lease, if the lease says notice for move out will not be accepted in November, December, or January, or something similar, that is probably enforceable, even on a month to month.
If you aren't month to month, there is no point in having a "no winter moveout" clause, since you just make the lease not end in those months.
So the entire point of having a winter move out clause is for those on month to month leases. I would bet that it is entirely enforceable if written correctly in the lease, and you probably are liable for the winter months.
Good point.
As I understand it, month to month from a regular lease simply means the tenant and landlord can terminate the occupancy by proper notice each month. But as I read some of the state laws, they all seem to say that all provisions of the lease remain in force except the end date of the agreement is based on a monthly time period.
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