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Sherri37

Registered: 11/21/06
Posts: 2
Reply with quote  #1 
I have a couple questions concerning a rental agreement my son and his wife signed.  They entered a month to month agreement with a landlord because they were looking to purchase a home.  On the month to month it stated they had to give a 60 day notice and were unable to move during the months of Nov, Dec, Jan or Feb.  The lease also had a couple things that are not legal such as when they move out they must pay $100 for carpet cleaning to the landlord at time of move out and the late fee was well over 5% of the rent amount.  They did purchase a home and the end of Sept and gave notice.  The landlord stated if they paid for the month of November and let him keep their security deposit he would let them out of their lease.  They moved out the end of Ocotber.  My son went over to finish a few cleaning items on Monday Nov, 6th at which time he noticed the fixtures had been removed from the walls, appliances pulled out and the whole apartment was in disarray.  My questions are:
 
1) Can a month to month lease have a 4 month no out clause?
 
2) Can the landlord take possession of the apartment while they are still paying for it? (with no notice of entry)
 
3)  Is the lease even legal ( I did a little research and saw the Baierl v McTaggart case )
 
After my son approached him about him entering the apartment and starting remodeling he stated he was now going to take them to court for the remainder of the lease term.
 
Any advise you can give me would be appreciated. 
 
Sincerely,
 
Sherri B
kurt

Registered: 11/17/06
Posts: 137
Reply with quote  #2 

I'm not sure of your state laws, but usually a 24 notice to inspect/enter is needed unless emergency situation. As for the lease clauses I can't say, but from my experience as a landlord it doesn't sound like this landlord will be able to hold up in court with his lease. BUT I would advise finding out if your city has a legal aid department that might refer you to a lawyer for free or low cost help and answer your questions.

withee1

Registered: 01/09/07
Posts: 13
Reply with quote  #3 

I am a landlord in Wisconsin and I have never heard of a lease prohibiting vacating an apartment in certain months of the year. I doubt it would be legal, but am not an attorney. If rent has been paid for the current month and a landlord needs to go in, he must give the tenant a minimum 12 hours notice (some cities have a 24 hour notice). Only in an emergency can a landlord enter without notice. If you paid the rent for November, the landlord should not be able to go in to remodel, unless you agreed with it. The premises are still rented to you if you paid for November. If 60 days is required for move out, paying rent for November should satisfy his requirements, without him keeping the security deposit too (unless there were outstanding late fees, rents, damages, other charges).

 

I don't believe that an automatic charge for carpet cleaning would be legal. A tenant should be able to clean carpet themselves, if they do a good job. A landlord can charge a tenant for carpet cleaning if it is dirty, although I heard that the law in Wisconsin may have changed on this, favoring the tenant. I am not sure of that.

emmamartin

Registered: 10/25/10
Posts: 2
Reply with quote  #4 
The tenant must continue to pay rent until the end of the tenancy.And If something needs repair in your apartment, you should request the repair in writing and, if not satisfied, file an application to the Director requesting settlement. And take care of this thing if a tenant in a yearly or monthly tenancy is 30 days in arrears of any part of the rent, the landlord may give a 15-day notice to quit. If a weekly tenant is seven days in arrears, the landlord may give a seven-day notice to quit.Hope this information helps you t solve out your problem .

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MOON

Registered: 09/17/08
Posts: 577
Reply with quote  #5 

Did they have pets ? was this perhaps the agreement for cleaning carpets, I had to agree to that as a tenant & was happy too find a LL to allow pets so I agreed. The late fee of 5% depends on what the monthly rent was, I charge 50.00 late fee which is more than 5% of my rentals it is only a problem if a tenant is late with the rent & depends on your state. does the LL have repairs to do before renting the house again? will the house need to vacant for at least a month? Its really wonderful that your son was able to buy his own home,its a great feeling perhaps this m2m served its purpose well & where the LL may not really have the right to not allow moving during winter months anyone who is a LL can understand why he would want that. did your son sign & agree to that arrangement? I mean no disrespect but I think I would just agree & move into my very own home where no one gets to make the rules ( well except the mortgage company)    

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