We live in Wisconsin. We moved into a home but never signed a lease. We pay our rent month-to-month and..?

Question

want to vacate due to the fact that we can no longer afford the rent here. We paid a deposit before we moved in, which equals the same amout as a months rent. (however it was called a "deposit", not "last month's rent") We found where Wisconsin law says that we can give written notice of 21 days, but can we legally use our deposit as last months rent?

Answer 1

No, you cannot use the deposit as last month's rent...it is to be used/applied against any damages that may have been caused by the tenant (or his/her guests). You will get a refund of the security deposit - minus any costs - within a certain number of days after you have vacated...

Additional information can be found here:
http://wsll.state.wi.us/topic/landlord.html

Oh, and it's written notice of 28 days (not 21)...

See:
http://datcp.state.wi.us/cp/consumerinfo/cp/top-complaints/tenants.jsp

21 days is for the landlord to give you an accounting and to refund all (or portion of) the security deposit.

Answer 2

Wisconsin law requires a 28 day notice to vacate rented property. Be aware that the statute also indicates that the 28 day period starts on any specific rent due date, and is not 28 days from any date of your choosing. Hence, if your rent due date is the first of any month, you must give notice twenty eight days prior to the first of the month. If you miss that date, then you get to wait another twenty eight days.

You may not use a deposit as last month's rent under Wisconsin statute. The deposit of which you speak is the landlord's to hold until any damages have been assessed, unpaid utilities charged and any other fees also assessed. The landlord must send you a statement of said charges along with any refund due to you within twenty one days after you vacate the premises.

Answer 3

No, you can never legally use your deposit as the last months rent. A deposit is held to cover any damages and unpaid utilities or anything else you were responsible for. He must however return your deposit within 30 days with a itemized list of anything he is withholding

Answer 4

this is the deal.... Your signing of the fax replica is legally binding. you're as a result guaranteed to the hire, as is the owner. Your felony accountability is to pay lease in accordance to the words of the hire. the owner's felony accountability is to provide you a liveable house on the commencing up date of your hire. the certainty that the home develop into no longer waiting on the ideal date particular does no longer mean you get to rescind the whole hire. Your medical care is despite costs you incurred as a results of the home no longer being waiting on circulate-in date, which may be the fee of a nighttime or 2 you had to spend at a inn, and an afternoon or 2 of extra storage costs that the shifting business enterprise charged, if any. point out this to the owner, and that i'm specific he will decrease value the 1st months lease to make amends for you no longer being waiting to circulate in as we communicate. yet, do no longer anticipate them to permit you off scot loose.

Answer 5

I know this is sort of a "vanilla answer", but laws and customs vary from area-to-area.

This is a Q which can only be answered by checking what the local custom is AND what the law is as it applies to your situation in the area where the property is located.

You may have to ask a licensed real estate broker or a real estate attorney.

Thanks for asking your Q! I enjoyed answering it!

VTY,
Ron Berue
Yes, that is my real last name!