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Old 12-21-2009, 11:08 PM
 
2 posts, read 3,533 times
Reputation: 10

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This question most likely has the answer I've been giving myself, but the people on this forum looked knowledgeable enough that maybe there's an alternate way out.

Let's begin:
As a Transfer student to UW-Madison in Madison, WI, I was desperately seeking housing from mid-summer to August. I found a relatively nice place where three other girls were supposedly living. I was sold. Three girls, clean, cooking, etc. Anyways, we agreed that I'd move in. We didn't get to see the place, so a couple weeks later we came back, saw the place, and I signed the lease to make sure I'd get a place to live. Well, weeks went by with no further notice so I called, saying that I'd find a new place (along with another girl who was living there, J) if we didn't hear from them soon. Sure enough, it turns out that with 2 weeks to go until the lease started, one of the girls backed out of the informal agreement. (Only one girl, U, was on the lease.) Now, this caused problems because originally U and B were supposed to room together and J would get her own room, and I would get my own room. (3 bedroom apt) Now, U refused to room with a boy, and that seemed like all the responses we were getting. She decided to sublet and move out. At the very last day, as the lease started, J found two boys willing to live there until the end of the semester. M and T.

Up until that very day, I had thought that J was also on the lease. She had lied to my face, and told me at the very end she didn't sign until the day the lease started. Months went by, and everything was okay (even if the roommates didn't get along.) I found out in November that T wasn't even on the lease--he refused to sign it. Therefore only myself, M, and J were on the lease. Now all three of them are moving out, leaving me here for next semester. The landlord has informed me that we're all responsible for paying the lump sum per month or we'll be evicted. Duh, right? Well, since we are going from dividing the rent amongst 4 people to 3 people, it is astronomically higher. I don't think J can afford it, and I don't think M will willingly pay. We have looked and looked but can't find subletters. Is there any way that I can somehow extricate myself from this situation? Is there anything we can do as a group to solve the issue? Any feedback is appreciated.

Thanks,
Screwed.
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Old 12-22-2009, 05:21 AM
 
1,492 posts, read 7,714,009 times
Reputation: 1452
College couldn't teach you a life lesson like this. Be grateful you learned this now.

When you signed the lease, anything verbal doesn't matter....she said he said stuff- if it was important to you, you should ensure it's in the lease agreement.

But sure there is something you can do.
Read your lease and is everything being followed?
If not, you can send a demand letter to whoever involved....supplying a copy to your landlord (the one the lease was made with).
They have opportunity to rectify the situation. If they don't- send another letter stating they are not keeping in terms with the lease, they have breeched it, and you are moving out.

Remember, you must uphold your end of the agreement at all times. When other parties are not upholding theirs- that's when you have the legal right to require them to do so...if they fail or refuse, the contract is broken.

Stay for a few days? Don't think so- you must vacate immediately...so look for another place. (but if you are paid up til the end of the month -it's reasonable for you to remain til the end of the month)

Good luck. But don't feel bad as many of us have found ourselves in situations like yours or our children/grandchildren went off to college and had to deal with things like this.
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Old 12-22-2009, 06:06 AM
 
2 posts, read 3,533 times
Reputation: 10
Thanks VegasGrace. We had several problems with management taking WAY too long to come make repairs. (For example our heating wasn't working for over a week.) They have STILL not fixed certain things we have asked them to do. Are those grounds to suggest they have not been keeping up their end of the lease? Lots of problems with mold when we first moved in. Guests were waking up with bloody noses.
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Old 12-22-2009, 09:43 AM
 
1,465 posts, read 5,146,869 times
Reputation: 861
waz, is there a legal resource on campus or in your community you can use? On the surface, heat without a week does not sound like the landlord is holding up his end.
Quote:
from Wisconsin Law Termination of Leases
Oftentimes leases contain provisions that require the landlord to provide certain things for the tenant, such as heat, water, air conditioning, or making certain repairs. Such provisions can create an obligation upon the landlord that should not be ignored. Courts have upheld the award of damages to tenants and allowed tenants to move out before the end of the lease, when the breach by the landlord seriously interfered with the enjoyment of the property.
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