Legal Question in Landlord & Tenant Law in Wisconsin

Land/lord lease agreement

I have a lease signed that starts on Nov. 1st. I relocated to Wisconsin about a two weeks ago and the place where I have a lease agreed to get me moved into the unit in mid October and I would pay partial rent for the month without a lease. When I arrived the unit was not available as promised. They put me in a smaller unit that was available. Thye now stated that I can not go into the unit until my lease starts on the 1st. The amount of rent I paid for the half month I did not have a lease was equivalant to 1/2 a month of the rent for the unit I leased. I have overpaid because the unit I am in is significantly smaller. Also, my company relocated me and the movers can not come any later than a week before my official lease starts. I don't know anyone here so I am either going to have to hire movers or attempt to move everything myself. What options do I have for recoping some of the inconvenience and cost of this. On the check I wrote for the half month, I did write the unit # of the apartment I was supposed to have and the leasing person had me write in the other too. Can I deduct the cost of hiring movers as well as the overpayment for the half month for my first months rent if its reasonable. What can the owner do if I do this?


Asked on 10/23/07, 10:31 am

1 Answer from Attorneys
Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: Land/lord lease agreement

The problem is that you have no formal, written lease for that first bit of your move-in (before your lease actually starts). So, no lease = no enforceable rights (generally speaking). If you withheld from your first month’s rent the mover expenses and your landlord sued you or evicted you for breach, what would you have to rely on in your defense except your and your landlord’s friendly handshake about the early move-in? I suggest you make the best of it and absorb the movers’ costs (in the future, get EVERYTHING in writing so this doesn't happen again to you). Then, when it’s time to renew the lease, go look for an honest landlord.

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Answered on 10/23/07, 12:22 pm


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