Isle of View    |    Madison Property Management Inc.    |    Madison    ,    Wisconsin 53715    Landlord Complaint 20-0730

Madison Property Management is attempting to charge me $150.00 for late move out. MPM's own lease reads as follows on that matter: "Lease maturity date & time is of the essence. A penalty if $150.00 will be assessed if an occupant or occupant's possessions are not completely removed from the premises by the lease maturity date and time. An additional use and occupancy charge of $15.00 per hour will be assessed for each hour tenant remains in occupancy past the lease maturity date and time. In the event the lease does not state a specific time, the maturity time of the lease shall be noon on the lease maturity date." I should point out that in order for the penalty of $150.00 dollars to be applicable, the occupant must be in breech of the lease maturity "date and time" as stated in the MPM lease. While it is true that I was in breech of the lease time (9:00 A.M.), I was not in breech of both "date and time" as is clearly stated in the wording. I did have all possessions moved out on the correct date (June 30th 2010). After an additional review of the wording a $15.00 charge can only be assessed per hour when the "tenant remains in occupancy past the lease maturity date and time." Again, in this instance I was in breech of the time but not the date. Both are clearly signified in lease as a prerequisite of any penalty being charged. If Madison Property Management wishes to charge a late fee of $150.00 and $20.00 per hour anytime some one is over one hour late in vacating the premises, they should change the wording of the lease to "date or time" for such a penalty to have any legal merit. It is not possible for any tenant to determine the intent of the lease from the company's prospective with the current wording in the lease maturity date and time section. The copy of the lease I was sent had been set to expire on December 31st 2009 at 9:00 A.M. My lease was extended for six months to end on June 30th. I do not know what the lease maturity time is based on the extended lease. I have not yet been sent a copy of the extended lease as I had requested. The previous lease states: In the event the lease does not state a specific time, the maturity time of the lease shall be noon on the lease maturity date." If such a statement is applicable to the extended lease I would have had until noon and I was out at 10:30 A.M. Again there is know way for me to be sure as MPM has not sent me copy of the extended lease