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Landlord and lease question?
In 2008 my husband and I moved into a duplex. We signed a one year lease, and everything was fine. In 2009, our landlord says that he would like for us to sign a new lease, because he finds that if people don't have a lease and go "month to month", they think they can leave without giving notice. We sign the lease, and move on.
Fast forward to July: We notify our landlord that effective on August 1, 2010, we will begin our 90 day notice (as per the lease) of vacating our duplex. We will be paying rent for August, September and October. I took the letter to him personally (the lease stated it had to be in writing) on July 25th, and he was busy. I waited 20 minutes for him before finally giving up and motioning to him that I was setting the letter on the counter (he was on the phone). That was a Sunday. Wednesday my husband and I receive a certified letter (he lives about 100 feet from our door, but felt it necessary to send this certified mail) stating that we were obligated for our place until August 31 2011!! When I went to ask him about this, he would not answer the phone or his door. I had to literally drive the opposite way around the block to catch him trying to leave his house without talking to me. When I asked about that, he stated that we had signed a 2 year lease! I said that we had not, and that he had informed us we were signing a "standard lease". And to boot, he never gave us a copy of this lease.
Questions:
1. If we were not told it was a 2 year lease, are we obligated?
2. If he never gave us a copy of this lease, isn't he in violation of the law?
3. If he never gave us a copy of this lease, does that make the previous lease (which we DID have a copy of) the one in effect, thus making it a one year lease?
I'm just trying to see if I am crazy or not. . . And if it matters, I am in Wisconsin.
2 Answers
- David MLv 51 decade agoFavorite Answer
There is no proof that you gave the landlord notice except your account of the events of trying to give your landlord written. You could testify in court about these events but the simpler method here is to send your landlord a CERTIFIED LETTER, either written or typed or word processed, that states that you are giving notice of the beginning of the 90 day notice period. Your landlord is acting as if he has not received any notice of your intent to move in 90 days. The length of the leases is not a critical issue here, but rather the time required before moving out. The intent of these notice periods is to give the landlord an opportunity to find a new tenant for your apartment by the time you move out. Some states require longer periods of notice for longer leases, but the time requirement of the notice is the critical issue here. The 90 day time period does not start until you landlord is served with your notice to move out in 90 days. The giving of notice also terminates the remaining time in the lease, so you should not be required to pay for time in excess of the 90 days following the time you give notice. SEND YOUR LANDLORD A CERTIFIED LETTER RIGHT AWAY. If you have paid last months rent as part of your rental agreement you can apply it for the last month. That's what the last month's rent charge is all about!!! If you paid this extra charge twice, once for each lease you should be allowed to apply this extra charge to both of the last months: September and October. I hope you find this information helpful and useful.
Source(s): Below I have listed a wewbsite that deals with landlord and tenant law in the United States. http://www.rentlaw.com/statelist.htm - LisaLv 45 years ago
Hi, I had a problem with my landlord as well and it is a similar issue. I have read the Landlord-Tenant code a few times, at least the areas that I needed and I think I might be able to help. I would suggest that you read your state's Landlord-Tenant code as well as your lease and see what they state about moving out. You do not have to find another tenant unless it says so in your lease, however, you would have to give 30 days notice and since you did not give 30 days notice, it seems, then they could require you to pay the next month's rent, even though you will be not be living there. In that time if they find another renter then you are prorated back the portion of your monthly rent, but make sure you find out when someone else moves in. In that time they should be able to find another renter and if they cannot then it is no longer your issue since you would have given them 30 days notice. The key here is the 30 days notice not the find another renter because the 30 days notice is required and I cannot believe that finding another renter would be required. Make sure you read all the documents and see what your lease and the Landlord-tenant code says in your state. You can find the code on the internet or through your state government website search engine, usually. I hope this helps and feel free to contact me with any more questions. Good Luck!