Once a lease expires and tenancy goes month-to-month, do any of the old lease terms still apply?

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Once a lease expires and tenancy goes month-to-month, do any of the old lease terms still apply?

My one year lease was up almost a year ago (building a house and it is taking longer than expected), then my rent went to month-to-month. I did not renew/sign a new lease with my landlord. I would like to vacate and gave a 60 day notice but my old lease states that I cannot move out between the months of October and April. I am looking to move out in November/December. Am I still bound by that old contract even though it has been so long, and now that I am month-to-month?

Asked on July 31, 2012 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you are not bound to the terms of your old lease about moving out.  The lease is expired.  The term that will be binding is the amount of the rent.  You can give 30 days notice but 60 is even better.  And you can move at the end of the 60 days which ever month that that is in.  Good luck.


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