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I am in the middle of a one year lease. I was going to move out and gave a sixty day notice but it didn't work out. My landlord said I had to pay a fee to keep living in the apartment and I refused so the landlord is evicting me.
Now the landlord says I have to keep paying rent until someone else takes my apartment even though I'm being evicted. Is that true? This is n Wisconsin.
Last edited by JayJay33; 10-21-2013 at 08:25 AM..
Reason: Typo
I am in the middle of a one year lease.
I was going to move out and gave a sixty day notice but it didn't work out.
That notice is ONLY for the LAST sixty days of the lease: renew or departure.
Quote:
...the landlord says I have to keep paying rent until someone else takes my apartment
Correct. That's called honoring your contract.
People need/want to leave before the end of their lease term ALL THE TIME.
It happens so much that most leases will even include language describing a process.
The LAW varies state to state but the practical matters are mostly the same.
The LL needs/wants a paying tenant in place...
but until a replacement is found the signed tenant can and often will remain liable.
A compromise is a fixed amount (like 1 or 2 months rent) vs the open ended.
- What "fee" are you being charged? How much is this fee?
- Is there a provision in this lease allowing this "fee"? Local law?
- Are you being threatened with an eviction? Served with a pay or quit notice? Been served with eviction papers? How much longer do you have to respond to the eviction lawsuit?
- Are you current on your rent?
On it's face, this seems really odd, and you probably have some solid defenses to the matter.
The landlord cannot have it both ways: fee to complete the lease? and eviction? nah, I really don't think so, but do read your lease. OR he can allow you to complete your lease.
I'm in agreement with Bosco - this sounds like your LL is making things up to punish you for giving notice and not moving.
IF the LL agreed to the early move-out without penalty, then went ahead and found a new tenant, you have now caused the LL some issues. OTO, the "fee" may be to break the lease - but to evict for non-payment of the fee doesn't sound logical or legal.
I am in the middle of a one year lease. I was going to move out and gave a sixty day notice but it didn't work out. My landlord said I had to pay a fee to keep living in the apartment and I refused so the landlord is evicting me.
Now the landlord says I have to keep paying rent until someone else takes my apartment even though I'm being evicted. Is that true? This is n Wisconsin.
If you are evicted in court, then you do not owe any money on the lease. The landlord has elected to end the lease and courts will terminate it and put you out. Are you currently past your notice period or is your notice effective sometime in the future? Also are you current on your rent?
I agree with the previous poster...it is either eviction or staying and pay rent.
The owner can keep your security deposit for rent you didn't pay and for damages and go after you for the remainder in court. But the owner can't demand for you to pay rent past the eviction date.
This sounds really wonky. I have a feeling the landlord doesn't know what he's doing. He probably learned that he could charge you a lease break fee, and rent until he found someone new, after you moved out.
Now that you're staying, he's confused, I'm thinking.
In Wisconsin, if you breach your contract, you can be evicted and he can charge you rent until he finds someone new. Same as above for you breaking your lease early.
Is there anything in your lease that says anything about paying a fee for giving notice, then not moving?
At any rate, unless he's kicking you out for a valid reason, I think he's mistaken. If the only reason he's now kicking you out is for you refusing to pay a fee to stay, that's not in the lease, you might send him a letter like this:
Dear Landlord,
I am sorry things have gotten off on the wrong foot between us. As you know, I had given you 60 days notice to break my lease early, but decided to stay.
Then you told me that I had to pay a fee in the amount of $______________ because I decided not to move nor to break my lease after all. As there is nothing in our contract/lease that states anything about my having to pay such a fee, I have not breached our contract by refusing to pay one. And because I have not breached our contract, in any way, you have no grounds to evict me. In fact, if you evict me without cause in the middle of my lease, you would in fact be the one breaching the contract.
I am thinking that perhaps you were thinking of a lease breaking fee, which if included in our agreement, would have been reasonable if I had left early. But I did not.
I am happy to stay to the end of my lease and to continue to be a good tenant, as I have been for my entire tenancy, paying on time and causing no problems. My hope is that you will stop this eviction procedure immediately, and we can get back to an amiable relationship.
If you continue with evicting me, I will retain legal help, and as I believe the law is on my side in this situation, I believe I will prevail. In that case, I would ask the court to require you to pay for my court costs and to pay me any punitive damages allowed, as well.
Going to court would not be pleasant for either one of us, so I am hoping that you will drop the matter and allow me to continue my tenancy until lease end.
If you would like to review the relevant laws, they are included in Wis. Stat. § 704.29 (2000).
Respectfully Yours,
You
The idea of paying a lawyer may make him come to his senses. Good luck!
Here's a link for legal aid in Wisconsin, in case you need help. If you don't qualify based on your income, try the Wisconsin Bar Lawyer Referral Service:
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