Maintenance staff has entered my unit on three separate occasions without reasoning. The property manager was informed each time and I requested my lease be terminated. They have seen me half naked on one occasion and I now panic every time I hear a noise outside my door. My contract states that... View More

Signed apartment lease. Moved in. Noted strong smells (new construction). Went to sleep at 10 first nite. Woke at 11:30 with very bad headache, coughing, and racing heart rate (120 bpm). Packed up and left that night.

Called apartment in the morning and informed them of the issue.... View More

Landlord wants to take our pet deposit and security deposit. Plus have us pay for a whole new carpet replacement. Which is anywhere from $1200-$1600. Are we being overcharged? Can the landloard make us pay for a whole new carpet?

We are trying to get out of our lease as we just put an offer in on a house. The landlord is refusing to work with us to get out even though we have a new tenant lined up. Also the lease states we can sublease and cant be unreasonably withheld. They are not giving us any reason why they won't... View More

William F Sulton
answered on Sep 21, 2017

If the lease states that you may sublease, then the landlord is breaching the lease. Such a breach may allow you to get out of contract altogether.

That being said, your question is really an economic one. If it is in your economic interest to break the lease you should. One consideration... View More

Before vacating, our tenant broke off the inside copper pipe for our central air unit, destroying the unit. We filed a police report and he confessed to them and is waiting to be assigned to a DA. Is it better to file a civil suit now and try to get his wages garnished, or wait until after... View More

William F Sulton
answered on Jul 28, 2017

An order for restitution in a criminal case is an order requiring the criminal defendant to pay restitution to a victim. Usually, if the criminal defendant fails to pay the order is converted to a civil judgment. Filing a small claims action will likely result in a default judgment (because the... View More

We didn't pay any rent because of disputes on a buildout that was done by the landlord prior to us moving into the space. we found out that the work had been done without the proper permits being obtained and no inspections being done. We were also not provided an occupancy permit upon moving... View More

William F Sulton
answered on May 11, 2017

A lease is a contract. In general, non-performance entitles the other party to rescind the contract. Doing build-out work without permits is worse than non-performance, it is illegal. A party that acts unlawfully cannot come into court and ask for a legal remedy. You should consider counter-suing... View More

We just recently told our landlord we would not be resigning with him another year. Our lease was one year: begging June 1, 2016 and ending May 31, 2017. I read through our lease and nothing is stated about a 60 day notice before vacating. However our landlord told us that because we had not given... View More

William F Sulton
answered on Apr 24, 2017

The short answer is no. You should be concerned about your security deposit. A landlord that acts like that may try to unjustly keep the security deposit.

We have nothing written, verbal only. He does not claim the income.

William F Sulton
answered on Apr 24, 2017

Probably. The general rule is that contracts concerning real estate must be in writing to be enforceable in court. More information needs to be provided, if you want to try to take advantage of one of stringent exceptions.

I live in an apartment with 3 othes, 2 of which are on the lease. I am not on the lease either. I was not able to pay rent on time and now they are trying to kick me out. They are trying to give me a 3 day notice to get out. I moved in to here in January and have been paying rent and utilities as... View More

William F Sulton
answered on Apr 24, 2017

You are a tenant at-will. That means that your tenancy may be terminated upon proper notice. 3 days is not proper notice. It also sounds like you are a sub-leaser. Most lease agreements prohibit sub-leasing without notice to the landlord. So the other tenants would have a difficult time suing you... View More

I went to the office and signed the lease on monday. Things in my life changed. I want to get out of this lease. They havent signed it. I dont have keys. Im supposed to meet them and move in on Monday.

William F Sulton
answered on Apr 24, 2017

Yes. You should advise the landlord in writing that you are withdrawing your acceptance.

The subletters and the renters had a verbal agreement on rent and agreed to payments and to pay everything in full once taxes were back and 3 days later received and eviction notice. Just wondering if that was legal for them to do or if the owner had to do the eviction. Also is a verbal agreement... View More

Thomas Murphy
answered on Feb 29, 2016

As to your first question, more information is necessary to give you a conclusive answer. The sublessor may have had written authorization to commence the eviction on the owner's behalf, which may or may not apply in this case. Regarding your second question, periodic tenancies for less than... View More

My tenant told me my rent is going up next year to 635 because rent is going up all over the city yet online they have my same studio in the same building listed as 575 and they won't let me sign that lease because I'm currently living in the apartment.

Terrence H Thorgaard
answered on Oct 22, 2015

Do you mean the landlord, rather than the "tenant"? You do understand that a tenant is a person who is paying rent to a landlord for the right to live in the premises, right?

Unless there is some sort of rent control law in your locality, and assuming you don't have a... View More

I'm filing an appeal for an eviction that was granted in Wisconsin, the form asks if the case has or doesn't have preference in reference to statute, but doesn't specify what statute. What does this mean and which box do I check?

Robert Jason De Groot
answered on Oct 21, 2015

Perhaps you can call the clerk and ask. That is the quickest thing I can think of.