Can the tenant envoke a 60 day notice and a no-move out clause once a1 year lease converts to month-to-month?
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Can the tenant envoke a 60 day notice and a no-move out clause once a1 year lease converts to month-to-month?
Our original rental contract was for 12 months and had the following provisions: 1. 60 day notice to vacate during the 12 month lease or the month to month lease; 2. No move out clause for the months of Nov, Dec, Jan, Feb during a 12 month or month to month tenancy; 3. conversion to month to month lease if no new lease was signed. Essentially, can we use the protection of the notice required and the no move out clause to prevent the landlord from giving us a 30 day notice during the next 4 months?
Asked on October 2, 2011 under Real Estate Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
So you now realize that you are most likely a month to month tenant. Most state courts have held that once the lease expires and the tenantcy goes month to month the rental terms of the expired lease carry over into the month to month tenancy. The landlord can only change the terms of the tenancy after giving proper notice to the tenant; most states require at least 30 days notice to change the terms of a month to month rental agreement. I would also check your lease to see if there is an automatic renewal clause. If thre is that would require that the landord give you notice that he is invoking the clause. Some states also allow automatic renewal should the landlord continue to take the rent after expitation. Also, be careful that should you wish to vacate you should give written notice not verbal notice 30 days prior to the expiration of the tenancy. Contact a tenant's orgainsizaion in your state.
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