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Hello,
I signed a rental agreement for 1 year lease in WIsconsin.
My lease started on 13 April & ends on 13 April.
The rental agreement says that i need 60 days written notice for termination of lease.
I informed the landlord on 3 March that i will be leaving the apartment.
The landlord says i cant leave the apartment from 13 March till 13 May because a 60 day written notice is effective from day 13th only and that i have to pay rent till May.
If you have to give 60 day notice, then you owe rent for 60 days after the day you gave notice. Which means you owe rent through May 2nd.
However, some states are worse...they make the notice period coincide with the 1st of the month(day new rent is due). In this case, if you gave notice March 3, then your official "out" day is the next 1st of the month after 60 days. Which would be June 1st. Sounds like your landlord is only requiring you to pay through May 2nd.
If you still move out(you CAN move out), you would owe rent the 1st of the month, as normal, until that 60 day period is over. However, in most states the landlord is required to attempt to rerent. If someone else moves in then you don't owe any more rent from that day forward. Not all states require landlord to attempt to rerent(it's officially called Mitigate Damages).
---------Your only hope of getting out of the 60 day notices is if WI makes 60 day notice illegal. See if WI Landlord Tenant law says anything about the max# days notice that is allowed. Many states have default notice (if not written in lease) and in this case your 60 notice is still legal UNLESS the state specifically says otherwise.
60 days back from April 13th is February 12th so that's the latest date you should have given your 60 day notice in accordance with the terms of your lease if you planned on moving out by April 13th. 60 days from March 3 when you gave notice is May 2nd. So it seems you'll owe rent through May 2nd.
Termination:Resident shall provide Landlord with sixty-(60) days advance written notice of his/her intention to terminate this lease,and upon receipt of such notice,this lease shall automatically terminate as of the end of the term.
If Resident hold over after the expiration of the lease,Landlord may proceed in any manner permitter by law to remove Resident and recover damage for such holding over or Landlord may elect to hols Resident on a month to month basis,in which case all of the terms of his lease shall apply to said month to month tenancy with a rental rate of two (2) times the rate for the last month of the Lease Agreement.
^^^Reads pretty clearly. My opinion remains the same, that because you failed to notify the LL with due notice he's requiring that you pay rent through May 2nd.
Stratford,Ct - Even if you sign a lease that has a specified end date, the lease can legally stipulate that you must give your landlord notice if you plan to vacate, which is the situation here.
Would i be liable to pay till May 2nd, or May 13 as my LL asks me to.
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