Legal Question in Landlord & Tenant Law in Wisconsin
I got laid off from my job and notified my landlord that I would have to move out due to having no income. sent written notification by certified mail and did not hear for two weeks until I texted a reminder that I would be moved out at the end of the month. He says I have to pay remaining 6 months of lease. Says it's a "slam-dunk case". my roommate is still living there and paying her 1/2 of rent. Also, I never got a copy of lease, never got receipts for previous 6 months rent which was required to be paid by money order/no checks allowed. I'm breaking lease, but did he break rules by not providing copy of lease, cash rent receipts, and failure to try to re-rent when certified letter was sent?
1 Answer from Attorneys
Accelerated future rent is not necessarily a slam dunk case if you are defended by an experienced real estate lawyer. The landlord has a duty to attempt to re-rent the property and credit new rents to your account if the landlord has been made whole. I do not know of laws requiring receipts, but would recommend that you never pay in cash in order to make up for that problem, and keep copies of all money orders or checks used to pay the rent. Bank stamped paid copies of those are better than any receipts he could possibly give you for proving that you paid. All this being said, most rental damages and future rents would be 100% dischargeable in bankruptcy, so you should consider speaking with an attorney who also does those.
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If my landlord is refusing to give me a copy of my lease so we can get a payment... Asked 11/17/16, 10:32 am in United States Wisconsin Landlord & Tenants