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Posts: 2
Reply with quote  #1 

The last lease I signed was in June of '08 where I went from a year lease to month to month. On December 22nd of '09 I gave notice that I was moving out and turned my keys in January 22nd of '10 and paid full January rent. My landlord is saying that the I have to give 75 days notice which carries me through March according to him where he point to the "special provisions" part of the lease. My question is can he do this? even though I've been on a month to month for the last year and a half? I under stand the 75 day notice if I was still on a year lease. I no longer have access to the apartment, no longer am on the utilities as I canceled my account for that address. What are my rights and are there any statutes that I can give to him when I call to say I'm not responsible, I gave my 30 day notice and paid my full amount seeing as I have been on a month to month lease.

I live in Wisconsin.


Posts: 3,776
Reply with quote  #2 
Was that 75 day clause in your lease?  If so, unless you signed a new agreement, the terms of that lease carry over.  The only change is the length of the term of the agreement.  The term becomes monthly instead of yearly. 

If the 75 day clause was in your original lease and you never signed another, you have to honor those terms.  The state minimum amount of notice for WI is 28 days, but by signing the lease, you agreed to a longer period.  If your LL re-rented during that time, you are entitled to a prorated amount of that rent back.

Posts: 2
Reply with quote  #3 

thanks. Everyone else I have talked to said that he can't do what he's doing, but after going through the lease again after what you have said, guess I'm stuck. I was hoping that he'd let me out of it after living there for 4 years, never once paying late and even getting a friend to rent out a unit in the same building. Guess not.

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