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Old 10-02-2013, 10:42 AM
 
Location: Wauwatosa, WI
1 posts, read 2,663 times
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Hi!

My lease has language in it that says tenants are prohibited from moving out in November, December, January or February. Is this enforceable? Is the tenant responsible for that rent if they choose to leave early?
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Old 10-02-2013, 10:47 AM
 
Location: Chicago
38,704 posts, read 95,201,082 times
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Unless your lease ends in November, December, or January... then I'm guessing it would be as enforceable as breaking your lease on any other month.

Are you on an otherwise month-to-month lease? If so, I can understand why a MTM lease would have restrictions on moving out in those months. Those are the most difficult months for finding a new tenant.
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Old 10-02-2013, 11:24 AM
 
Location: La Jolla, CA
7,285 posts, read 14,994,723 times
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How long was/is the lease term? It's difficult to know the exact language, and technically you can't be "prohibited" from the physical action of moving your things out, but generally it is enforceable and you would be responsible for rent during those months.

A lot of leases have language like that which prevents lease termination during certain months, whether yearly or monthly. In other words, if you have a monthly lease with a 30 day notice, it's a 4-month lease if you don't give notice by October 1, otherwise you are there until February. If people sign a yearly lease in November, it will usually be written for 16 months then the following lease for 12 (March to March).
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Old 10-03-2013, 06:44 AM
 
Location: Lower Eastside
400 posts, read 880,565 times
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the lease I have requires 60 days notice and also states you may not terminate your lease during the months of November, December, January or February on month to month lease. Each year my owner sends out letters asking if we want to renew at X amount or go month to month at X amount (usually higher).
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Old 10-09-2013, 09:22 AM
 
Location: Milwaukee, WI
158 posts, read 618,503 times
Reputation: 107
Quote:
Originally Posted by SRS22 View Post
Hi!

My lease has language in it that says tenants are prohibited from moving out in November, December, January or February. Is this enforceable? Is the tenant responsible for that rent if they choose to leave early?
Yes.

Not sure.

And breaking your lease early is a separate issue than the months you are prohibited from moving (unless your lease ends in one of those months).
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