Tenant trying to move, clause for winter months

[justinj1981]

What is the name of your state (only U.S. law)? I live in Missouri and currently am renting on a month-to-month basis. My girlfriend and I can no longer afford the place we live in, we have taken excellent care of our place, and have been searching for some time for a new cheaper place to live. We found one. Now the problem is that we went to give our landlord 30 days written notice and he informed us that there is a clause in the lease that we are not allowed to move out in the months of November, December, January, and February. Is this even legal? His reasoning is that the places are hard to fill in the winter months, so we have to eat ramen noodle to pay his rent until March. This seems ridiculous to me because I am in sales and I can't hold a customer to the same terms he is trying to hold us. The lease lookes like it was done from a computer program and he just added this stuff on because he felt like it. There is no way a lawyer constructed this thing.

I have offered to sacrifice the security deposits just to get out of the lease and he has not budged. Current rent $825/mo, new place rent $500/mo and utilities are HALF of what they are in the new place. In 3 months we will have saved approx. $1275 by moving out and our new place will not be on the market for another 3 months. Our security deposits total $1300 in the current apartment.

I thank you in advance for any help or advice!

 

[Who's Liable?]

What is the name of your state (only U.S. law)? I live in Missouri and currently am renting on a month-to-month basis. My girlfriend and I can no longer afford the place we live in, we have taken excellent care of our place, and have been searching for some time for a new cheaper place to live. We found one. Now the problem is that we went to give our landlord 30 days written notice and he informed us that there is a clause in the lease that we are not allowed to move out in the months of November, December, January, and February. Is this even legal? !

Most likely not, MOST states' LL/T laws deem any clause to be invalid if it restricts any rights given to tenants. This 'clause' would restrict your right to vacate the property and would most likely be thrown out of court if the LL tried to sue you. On top of that, this sounds more like a short lease rather than a month-to-month tenant at will.

The question is, did you agree to a month-to-month LEASE, or did you have a lease that expired, and are now a month-to-month tenant at will? Either way, the 'clause' would most likely still be unenforceable.

His reasoning is that the places are hard to fill in the winter months, so we have to eat ramen noodle to pay his rent until March. This seems ridiculous to me because I am in sales and I can't hold a customer to the same terms he is trying to hold us. The lease lookes like it was done from a computer program and he just added this stuff on because he felt like it. There is no way a lawyer constructed this thing.!

You are most likely correct. To bad for him it is difficult to find a replacement, that is not your problem.

I have offered to sacrifice the security deposits just to get out of the lease and he has not budged. Current rent $825/mo, new place rent $500/mo and utilities are HALF of what they are in the new place. In 3 months we will have saved approx. $1275 by moving out and our new place will not be on the market for another 3 months. Our security deposits total $1300 in the current apartment.

I thank you in advance for any help or advice!

Properly give notice of your intent to vacate, as well as a demand letter for the security deposit and a forwarding address. Send them all separately CRR to the LL. Keep a paper trail, as your LL will most likely want to sue you.

 

[justinj1981]

We had a 12 month lease that expired in July. We have been a month-by-month tenant "at the landlords discretion" (as quoted from the lease).

Thank you for the advice!