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Unread 10-26-2009, 11:31 AM
 
33 posts, read 63,175 times
Reputation: 40
Default Landlord/lease preventing winter moveout -- is this legal?

For months my boyfriend has been planning on moving into my newly-purchased home at the end of this December. He gave notice on his current apartment today, and to his surprise, his landlord is telling him he is not allowed, as the terms of his lease prevent a lease from being terminated during the winter months, until March 1st.

He is looking up his lease terms, but I have no doubt that this is indeed what his lease says. My question is: Is this enforcable? I've seen many wacky lease terms in my days, and I believe that the law supercedes any lease terms if there is a discrepancy between the two; I'm just not sure if there is a discrepancy or not. I've looked up the landlord-tenant handbook and can find little reference either way, and was wondering if anyone had firsthand experience with this type of clause.
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Unread 10-26-2009, 11:48 AM
 
Location: Minneapolis, MN
4,922 posts, read 7,840,900 times
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I can't speak for Minnesota law but this would help protect the landlord from losing money since it is harder to find new tenants/people willing to move in during the winter months.
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Unread 10-26-2009, 02:21 PM
 
6,040 posts, read 5,215,387 times
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If it's in the lease and he signed it, then he agreed to stay until at least March 1st. He could move out during the winter months, but he'd still need to pay for the months until the end of the lease, or pay the lease cancellation fee.
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Unread 10-26-2009, 04:07 PM
 
Location: St Thomas, US Virgin Islands
19,213 posts, read 20,205,182 times
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Just confirms that when you're asked to sign a lease you should read it first!
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Unread 10-26-2009, 04:33 PM
 
Location: Boise, ID
4,953 posts, read 8,460,981 times
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I know several people who have a clause like that in their agreements. Besides being more difficult to rent in the winter months, leading to more vacancy time, there is also the issue of being more wear and tear on the unit with a winter move out, with all the muck and moisture getting tracked in.

I think if it was in the lease, it is enforceable. I would be surprised if this would be something that would be dictated by state law.

They can't tell you you can't move during a certain time frame, but they can tell you they won't end a lease during a time frame. So he can move, but he is still liable on the lease. If he chooses to take the hit and break the lease, depending on his lease and state law, he could have to: forfeit his deposit, be responsible for rent and utilities until the property is rerented (or until the lease says he can give notice for, whichever is sooner), and have the bad reference on his history.

So, to your original question, no, it probably isn't legal to not allow a winter moveout, but YES, the LL probably can refuse to terminate a lease in the winter if it was in the original lease.
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Unread 10-26-2009, 04:44 PM
 
Location: Florida
312 posts, read 568,325 times
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If it is in the lease he signed yes it is enforcable.
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Unread 10-26-2009, 06:01 PM
 
Location: 39 20' 59"N / 75 30' 53"W
12,003 posts, read 10,666,070 times
Reputation: 13343
Leases are enforceable.

Quote:
Originally Posted by Dontbewillful View Post
For months my boyfriend has been planning on moving into my newly-purchased home at the end of this December. He gave notice on his current apartment today, and to his surprise, his landlord is telling him he is not allowed, as the terms of his lease prevent a lease from being terminated during the winter months, until March 1st.

He is looking up his lease terms, but I have no doubt that this is indeed what his lease says. My question is: Is this enforcable? I've seen many wacky lease terms in my days, and I believe that the law supercedes any lease terms if there is a discrepancy between the two; I'm just not sure if there is a discrepancy or not. I've looked up the landlord-tenant handbook and can find little reference either way, and was wondering if anyone had firsthand experience with this type of clause.
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Unread 10-27-2009, 07:35 AM
 
Location: Minneapolis
1,500 posts, read 1,688,189 times
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Quote:
Originally Posted by beach.guy View Post
If it is in the lease he signed yes it is enforcable.
Not necessarily.
Quote:
Originally Posted by virgode View Post
Leases are enforceable.
Leases and other contracts are generally enforcable. However, items within which break the law are certainly not. All of the "you signed the contract, therefore it's enforcable" parrots on the internet seem not to understand this, or else they would not be posting that nonsense about such a wide range of topics.

The question here was not is whether a lease is enforcable, but whether the no-move out clause in this lease is legal or not.

Which it might be. I've seen this before in Minnesota, in a complex I moved out of in 2000. It didn't affect me, so I never even thought about it. It does seem questionable though, so I'd probably ask a lawyer what's what. If it's legal, hang up the phone before the lawyer gets your billing address , and start negotiating with the LL. If it's not legal, or if it's a gray area, a polite "FOAD" letter from a lawyer to the landlord should be enough to make him drop the issue.
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Unread 10-27-2009, 09:03 AM
 
14,443 posts, read 17,760,128 times
Reputation: 5823
Quote:
Originally Posted by Dontbewillful View Post
For months my boyfriend has been planning on moving into my newly-purchased home at the end of this December. He gave notice on his current apartment today, and to his surprise, his landlord is telling him he is not allowed, as the terms of his lease prevent a lease from being terminated during the winter months, until March 1st.

He is looking up his lease terms, but I have no doubt that this is indeed what his lease says. My question is: Is this enforcable? I've seen many wacky lease terms in my days, and I believe that the law supercedes any lease terms if there is a discrepancy between the two; I'm just not sure if there is a discrepancy or not. I've looked up the landlord-tenant handbook and can find little reference either way, and was wondering if anyone had firsthand experience with this type of clause.
Basically if you or him signed it, you signed to say you agreed on that!


Read before you sign!
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Unread 10-28-2009, 01:25 PM
 
12,572 posts, read 21,901,468 times
Reputation: 6928
A lease is for a term specific... when is the lease up?
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