Lease renewal required 6 months before up?

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mtrudgeon

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Hi,

Me and my girlfriend who lease an apartment have been having an issue the past 2 years.

We have a 1 year lease that is up the end of August each year. For example, this year we received our notice to renew or vacate from our landlord on the 25th of January, with a response date by 2-4-2010. Frankly, we're getting tired of the constant hassle from being right across the street from one of the biggest high schools in Wisconsin, we pay too much for the apartment for what we get, and we want a change of scenery. The problem is, this seems to be the only place that requires tenants to renew so early, so every place we go to look at we can't get much information from because it's so early. We really don't want to risk not having a place down here, since we're in a college town and there's always a need for a place, but we don't want to be stuck here forever either.

Last summer I told the landlord that we would let her know 60-90 days in advance and she said that just wouldn't do for her. The office sent us a notice in the mail May 1st, giving us a 60 day notice terminating tenancy...but dating the last day of our residency the last day of our lease at the end of August.

Our lease says "This lease shall be automatically renewed without notice from either party, on identical terms, except that it shall be a month-to-month tenancy unless written notice of termination is given at least 60 days before the end of the above lease term."

I contacted the office bringing up what is said in the lease, and they told me they hand out the 60 day notice to get around doing the lease month by month. So my biggest question is are we going to have to suck it up and risk not having a place come August, or can I legally have them back off until 60-90 days before the lease is up?
 
I can't imagine a place requiring a 6 month notice.

If you're tired of the place, think it's too expensive, and you'd like to move, don't lock yourself into another lease. Your lease will still be valid until the end of August.

It's also unlikely that you're going to find a place in February that you can "hold" until August...but who knows?

Gail
 
We've checked out a few places, mostly saying they won't know until June since they only give out the 60 day notice for renewal. I know the current lease will be good until August, the problem I'm trying to bring up is if we make the commitment to not renew, and send in the paper today, they'll start showing the apartment and most likely have it rented out in the next month or so. If the apartment search doesn't go well, by the time summer comes when these places actually can give us an answer, we won't have this apartment available to us.
 
As usual I agree with Gail. I think a 6 month notice requirement is "unconscionable" and would not be enforced by any court.
 
As usual I agree with Gail. I think a 6 month notice requirement is "unconscionable" and would not be enforced by any court.

So if we don't turn our renewal in like they wanted last Thursday, and they rent out our apartment say by May, would I be able to take some kind of action if we needed to stay?
 
In the end you would have to leave, but you could make them evict you over a period of time.
 
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