Winter move-out

[aubartam]

What is the name of your state? Wisconsin

Hello everyone,

I was wondering if anyone knows the law regarding a tenant moving out in winter months. I have a tenant with a lease that is expiring soon, and she wants to stay a few more months. I said OK, and am writing up a month-to-month lease with a 60 day notice stipulation; but I don't want her to move out in the dead of winter and be stuck with an empty apartment for 4 months when it's difficult to find a new tenant. Is it illegal for me to write a stipulation that she cannot move out during November through February? Thank you in advance for any help you can provide.

Alicia

 

[CourtClerk]

I don't believe you can hold someone hostage in your apartment simply because you don't want a vacant unit. If the law calls for 60 day notice, that is all she needs to provide before she moves out.

 

[Cvillecpm]

You need to have her move now so you can get a new tenant on a 12 month lease.

If she moves in winter, you need to dovetail the utilities and do periodic checks to make sure the heat is on OR winterize it and leave it vacant until you can re-rent it....

 

[LindaP777]

Exactly, have her move now, or sign a lease for whatever time you stipulate (i.e 9 months) to get you past the bad months.

 

[johnd]

What is the name of your state? Wisconsin

Hello everyone,

I was wondering if anyone knows the law regarding a tenant moving out in winter months. ... Is it illegal for me to write a stipulation that she cannot move out during November through February?

Alicia

To the point, or question rather.

No. It is not illegal to disallow a winter move out in Wisconsin. It must be agreed to in writing. Realize however, that such a clause does not trump your absolute responsibility to mitigate damages in case of a breach.

 

[aubartam]

thanks

Thank you, johnd. That's what I thought I had learned in Landlord classes, but just wanted to check. I live below her and she is not exactly an ideal tenant, so it might be a blessing even if she were to want to move out in winter!