Landlord trying to keep us after lease is up.

Ok here is the deal. My girlfriend's lease is up at the end of the month on Aug 31st. In the lease it claims that from Sept 1 to December 31st she cannot move out due to winter months being hard to rent. We live in Wisconsin. The lease also states that rent will go to month to month at the end of the lease and that she must give a 60 days notice to move out. So according to the lease she is not going to be able to move out until Dec 31. However, the lease is over so how can she be held accountable by his terms. The state law in Wisconsin seems to state that the terms of agreement move to month to month after the lease expires. She got a job offer in a different city and wants to move. If she moves out after the lease is over can she be held accountable for rent until Dec 31?

[sunlover]

She signed and agreed to these terms that could be a problem. Have her take her lease to an Attorney to see how valid the portions about moving are.

No, he shouldn't be able to hold her to that since she is a month to month tenant. However, your GF needed to give the LL a 28 day WRITTEN notice to vacate in WI. Unless she gave this notice to the LL by the 2nd of this month, she cannot move out at the end of the lease on August 31st. She will have to give notice to move out for the end of the next term (month). Give the notice in writing and have a witness, or send it by certified mail, return receipt requested to prove he got it.

If she gave him this notice already, have her move out as planned.

The reason this clause is there is that it is hard to re-rent during winter months in the midwest. He should still be able to rent it during September though. Normally November - February are the dead rental months.