Am I correct in thinking I can end the lease early?

Question

So I have been living in my apartment since January 2006. I originally signed a 6 month lease and then in June 2006 I signed another year lease that expired in June 2007. I assumed that after that my lease period would be month-to-month but I never recieved a letter saying that it would be automatically renewed or anything like that.
I was originally told by the landlord that all they needed was a 30 day notice that I was moving out. Well, now they tell me after I gave my 30 day notice that they need a 60 day notice and that it was all in my lease.
First problem is that I never received a copy of either of my leases. I requested them 3-4 times and they never gave them to me.
Also, I looked up Wisconsin tenant laws and it states "if the lease provides that it will be automatically renewed or extended unless you give advance notice of termination, the landlord must "remind" you of the provision at least 15-30 days in advance of the notice deadline." What can I do?

I signed an original lease, but she said she had to also get it signed by the corporate office, so she never gave me a copy of it.
And the extension of a year, I did sign, but I have signed nothing after that.

I only had a $99 security deposit plus a $300 pet deposit, so I'm really not horribly worried about getting that money back, I just want to get out of there.
I had a hole in the ceiling for 2 months because the guy who lived above me had a leaking tub. Their excuse was that they had to get special seals and that's why it took so long to fix. Plus, I have had a broken window propped up with a piece of wood for the past year that has also never been fixed even though I have requested it to be numerous times in writing and verbally.

Answer 1

Without a copy of your lease you can't verify what they are saying. You don't even know if you are on a month to month or year to year lease.

The first thing to do is get a paper trail. Make sure you send a letter asking for a copy of the lease. Include in there that you verbally notified them on XX date that you will be moving out.

If they wanted to be sticklers they could go after you for the additional 30 days in court. Whether they will do this or not will depend on your locality. If you are in a pro-tenant state or locality (like CA or NJ) then they most likely will not. If you are in a very pro-landlord spot they most likely will do it.

If they decide to go after you in court they will most likely sue you for eviction under the terms of abandonment. Basically it says you moved out while you were still under a lease and the landlord wants to legally get the unit back. They will most likely include the monies for rent due for lack of notice, any damages and court fees in this eviction. An eviction will stay on your credit report for at least 7 years and will affect you getting another place to rent and will prevent you from getting a mortgage (unless you pay the money owed off).

Good luck!

Answer 2

when you decide, give them your 60 days notice in writing. If they come after you thru the court you will get a document which you should respond to and say everything to them that you said in your question to us. If they dislike your comments they will set a hearing and you need to be there or you will automatically lose. If you go then I suggest you take pictures of the problems that were wrong with the apartment and bring copies of the lease(s) you received from the start and payments made (including proof of the deposit) and your letter that you were leaving in 60 days. Also bring a copy of the law. Whatever you bring make sure you have a copy for the landlord and a copy to present to the judge. Also at that time ask for your deposit back. If the balance they say is owed is less than $5,000 it will be in the small claims court and you won't need an attorney. If it's more than $5,000 it will be in the civil court and you "will" need an attorney. As an aside, after you've given your 60 days notice, be ready to make a quick move "just in case the landlord says they want you out immediately or within 3 days" (i.e. save some money for that situation, and get a rental for your stuff....also if that happens you can ask the judge for the costs for your rental and your unexpected stay in a hotel or wherever you go).

Answer 3

If you never signed another lease at the end or prior to the expiration of your lease terminating in June 2007 then you are considered a tenant at will and on a month to month basis. Per Tenant Landlord Law if you are on a month to month tenancy then you are only obligated to provide 30 day written notice of termination. Only when you are on an annual or semi annual lease are you expected to give 60 days written notice of termination.

You are a month to month tenant and only required to provide 30 days written notice to terminate. Inform your LL's that the lease expired on June 30, 2007 and therefore are on a month to month since you did not sign a new lease.

Unfortunately you don't have a copy of your lease to see if there is a clause in there that states that if no prior notice is given (60 days written notice) prior to lease expiration, your lease automatically renews for an additional 6 or 12 month term. If you have that clause then you are obligated to give 60 days notice prior to the expiration date not before.

However, your LL should have notified you of your lease expiration and either renewed or told you that if you didn't renew then you would be on a tenant at will status.

If you have items that the LL never fixed and one is considered a security issue, you have recourse to contact the building code office and have an inspection done to see if the LL is in violation. If the building code thinks the LL is in violation he has a time frame that they have to repair. The Landlord CANNOT retaliate against you for filing a complaint against them it's illegal, and if they tell you that the LL is obligated to fix them and they don't within a reasonable amount of time then you have the right to fix and deduct the amount from your rent. A broken window is a security issue, what if someone breaks in???

Answer 4

If you have not signed another lease then typically it is month to month from that point on. I have never known anyone to have to give 60 days notice. They cant hold you liable for anything since your lease agreement is expired. If the law there says it will be automatically renewed and they have to remind you and they didn't, then I would not worry about it. They have responsibilities too. If the lease did renew for 1 year, and they toOK it to court, you may be liable to pay for the months of rent left on the lease agreement, however if what you are saying is correct and you were not given any reminder notices then you should be ok. I would call the local clerk of court and ask them just to be on the safe side. A judgment would hurt your credit if that were to happen.

Answer 5

Your ignorance of the lease terms is not a valid defense but not receiving a copy when it was executed is. Either way, you would have to go to court to rectify the issue and if you wait until after you leave do so there is a chance you will also be sued for an additional 60 days of unpaid rent if you are unable to defend yourself properly about not receiving a copy of the lease. I suggest you send a registered letter requesting a copy of the lease and read the terms yourself before you make a move. There has to be a paper trail.

Answer 6

If the money is not huge, just go.

Didn't you sign the lease? You would have received a copy at that time. If they renewed it with no signature, it has to be EXACTLY the same.

If you didn't sign anything, you are not bound by it, but you'll have to take the landlord to court to get the deposit back.

.

Answer 7

assuming even if it was part of the original lease, if you did not sign a new lease and went month to month under WI statute its says only one month notice to terminate, that will be controlling authority over the lease requirement of 60 days

since in effect 60 days would not make it a month to month but two month to two month , which is not what state statute says

politely informed the landlord that under WI all that is required to end a month lease is month notice, that you are following WI statute which takes precedent over lease provisions

Answer 8

You can move out with a 30 day notice. Just wave goodbye to your deposit which you were going to have to anyways. If the landlord did not remind you an dthey have to prove they did...of course they could back date it but they could get caught in court.

Answer 9

Smile and move out on your own schedule. But if your landlord is holding a damage deposit, he will probably try to keep it. The best bet (practical but not really by-the-book) is to use your damage deposit as your last month's rent. It is too much trouble for your landlord to chase you and he would not come out ahead anyway.

Answer 10

you will locate the comparable ingredient in all house complexes. Ask all and sundry. Pesonally: I had a wall of beer cans that the owner did no longer take excitement in. you should continuously see people by employing the pool smoking.