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Old 10-26-2009, 11:31 AM
 
33 posts, read 66,664 times
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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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Old 10-26-2009, 11:48 AM
 
Location: Minneapolis, MN
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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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Old 10-26-2009, 02:21 PM
 
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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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Old 10-26-2009, 04:07 PM
 
Location: St Thomas, US Virgin Islands
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Just confirms that when you're asked to sign a lease you should read it first!
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Old 10-26-2009, 04:33 PM
 
Location: Boise, ID
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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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Old 10-26-2009, 04:44 PM
 
Location: Florida
315 posts, read 607,275 times
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If it is in the lease he signed yes it is enforcable.
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Old 10-26-2009, 06:01 PM
 
Location: 39 20' 59"N / 75 30' 53"W
11,995 posts, read 11,333,232 times
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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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Old 10-27-2009, 07:35 AM
 
Location: Minneapolis
1,517 posts, read 1,881,504 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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Old 10-27-2009, 09:03 AM
 
15,052 posts, read 18,936,775 times
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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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Old 10-28-2009, 01:25 PM
 
13,117 posts, read 23,405,339 times
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A lease is for a term specific... when is the lease up?
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