Can a property owner force me to move out after I’ve asked to go on a month-to-month basis after 8 years of renting from them on a lease?
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Can a property owner force me to move out after I’ve asked to go on a month-to-month basis after 8 years of renting from them on a lease?
I have rented with a 1-year lease for 8 years from this property owner. My lease expires on May 31st, 2018. I recently told my landlady with almost 90 days notice, back in the first week of March, that when June 1st comes, I would like to go month to month as I plan to move by this fall. In person, she agreed but, on April 9th she gave me a hand written notice informing me that when my lease expires, I had to move out. I agreed but have since realized that the tenant living upstairs in the same duplex has been allowed to be on a month-tomonth lease for over a year now after being on a 1-year lease for only the first year. He has only lived here since January, 2 years ago. I have not signed anything agreeing to this and still feel it unethical to force me to move out while having 2 different rental agreements in effect for the tenants living in the same building. Do I have any legal rights to continue renting at this property? We, the upstairs tenant and I, are responsible for the outdoor maintenance of
the property (i.e., lawn care and snow removal). I would also like to point out that the house electrical has not been updated and I have always overlooked the problem of the electrical not being up to code and having to use adapters and extension cords to excess. I feel I have met the property owner more than halfway even though she does not want to put any money into this property. For example, she refuses to even have the furnace serviced, cleaned, tuned up, etc. after me being here for several years. I have always paid my rent on time, in full and the owner has told me many times over these past 8 years that, of her 14 tenants, I have been her best tenant. It seems very irrational and unethical to demand that a tenant in that good standing should be forced to vacate on these terms. The reason she gave for her decision is that she is afraid she would not be able to find another renter if it weren’t the very beginning of the typical time of year for moving season. She will not use any type of advertising because it would cost money so she only uses signs placed outside of her properties when looking for tenants. Forgive me if this is not pertinent information as I’m trying to tell you all the
details I can think of relating to this case.
Asked on May 15, 2018 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you do not have any right to remain in the property once your lease expires. This is another person's property--your only right to occupy it comes with their freely given permission (if you were a guest) or if you are a tenant (as you are) pursuant to the terms of a lease. Once the lease is expired, you have no more right to live there and can be evicted through the courts if you do not leave. It does not matter what her motive for removing you is, or if you feel she is worried about something she should not worry about; it does not matter how long you have been there, how good a tenant you have been, whether the home has updated electric or not, or whether she is treating you and another tenant the same (since there is no obligation to treat tenants the same way), etc.--all that matters is that your sole right to be there was through the lease. Once that lease is over, you have no more right to occupy the space and can be required to leave.
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