Legal Question in Real Estate Law in Wisconsin
Lease
I have a six month lease which ends october 31, 2002. I bought a house and closed on sept 30, 2002. on october 1, 2002 I gave the landlord thirty day notice that I will move out on october 31, 2002. the landlord stated that she needed 60 day notice and wants me to extend my lease one month. the landlord has several apartments vacant, so she doesn't want to loss that extra months rent. the lease doc does state the need for 60 days notice, but I did not see that prior to her pointing it out today. she has a last month security deposit, which I want back. would the 30 days notice be sufficient since the lease expires on october 31, 2002 already. Can I get my security deposit back.
2 Answers from Attorneys
Re: Lease
It sounds as if you may be screwed. You don't say anything in your question about it, but it sounds as if besides the 60 day notice requirement you have a provision that says that without a notice to terminate the lease, it will automatically renew itself for another year.
Look at your lease and see if you have that. If you do, an extra month's rent to get out of another year of the lease could be a heck of a bargain.
This is an example of why folks should always consult with a lawyer when they are buying a house. For a $100 consult you could have received the advice you needed to properly notify the landlord.
Even if you had a month to month lease, proper notice would have been to give the notice in writing before October 1st. The notice has to be given before the beginning of the month. September 30th might have worked. October 1st is already too late.
Next time you have a transaction of this importance, talk with a lawyer before you sign anything.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
Re: Lease
I just noticed that the state referred to in your question is "WI (MN)." I'm not sure what that means. Is it Minnesota or Wisconsin?
My answer is based on Minnesota law. If the lease was in Wisconsin, the answer could be very different. Consult a Wisconsin lawyer for Wisconsin matters.
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