Lease/notice to vacate question?
April 25, 2010 5:00 PM Subscribe
I am a landlord in WI. My current tenants in one of my units had a 6 month lease that converted to a month-to-month agreement at expiration. This same leave requires a 45 day notice (prior to the end of the month leaving to vacate which was signed as part of the non-standard provisions). They have been talking about buying a house for a long time, but nothing had surfaced yet. Last week, I received a call from one of the tenants that he was filling out his offer to purchase and wanted to know the amount of days required for notice bcs he wanted to close on either 5/31 or 6/30.
posted by mdn31 to Law & Government (31 answers total) 1 user marked this as a favorite
I reminded him it was 45 days and said he still had time to give me notice for 5/31 provided I received it in writing before the 15th/16th...I even left a fill-in form at his residence to use if he needed it. I wanted something final from them bcs I have been in the lurch so long, and bcs I wanted to begin advertising (for either June or July). I heard nothing after that, so I called and sent a reminder note, nothing. Finally I called him on Friday (the 16th) and asked what was up...he indicated he did not have a firm offer bcs it was being countered.
I was getting tired of the indecisiveness, but at this point, there was nothing to do but wait. A few days later, he left a mssg. stating that he got the house, and wanted to return my form. He asked in his mssg if he could still vacate on 5/31 or did I want him to do 6/4 (which would be 45 days from the day he called)...however, the prob is that he cant give notice for "during" the month...lack of notice by 4/16 meant that he could not terminate the agreement until the end of June (6/30). I have discussed it with some of my inner circle...some think I am just being unreasonable since "he was only 4 days late"...however, bcs I made such a good faith effort to get his answer, and bcs in an opposite situation, I could not tell THEM to leave on less than 45 days (without some type of compensation), how am I really being unfair to expect them to abide by their lease?
At any rate, he wants an answer. Due to the sensitivity of this situation, I am trying to research my options before replying. Unfortunately, my research is giving me mixed answers on whether I can require a 45 day notice on a monthly lease to begin with. I want to be fair, and legal. Right now, my idea is to send a letter, reminding him of the requirement, and indicating that their responsibility continues through June. Then I would offer to advertise for a tenant, effective June 1, and if I get one, they'd be off the hook. So, if I get a tenant, obviously, none of this will matter, but if I don't there could be a fight on my hands. Any thoughts/advice? Anyone have experience with something like this? Thank you!