|FROM:||The Legal Taxi|
|RE:||Whether tenant is liable for rent and repairs accruing during a cotenant's holdover?|
Whether tenant is liable for rent and repairs accruing during a cotenant's holdover?
Client and her husband rented one side of a duplex from Samuel and Sharon Marynick for several years. Their last written lease was jointly executed in 2011, for a twelve-month term ending on February 28, 2012. The lease included that Tenant should remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new tenancy from year to year shall be created between Lessor and Tenant which shall be subject to all the terms and conditions hereof but shall be terminable by 60 days notice. Ten days before the lease expired, Client separated from her husband and vacated the premises. The tenant gave notice to the landlord that she ceases to hold the leased premises. She is asking whether a tenant who has vacated the leased premises before the end of the term is liable for rent and repairs accruing during a cotenant's holdover tenancy? The landlady wants to hold both H&W liable (assuming H defaults at some point). Since W left early, can she avoid liability?
- Relevant Statute & Case
- Summaries of Key Cases
§ 83.575. Termination of tenancy with specific duration
- A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.
- A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.
- If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month's rent.
When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.
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