Full question:
I was recently sued by my former landlord for back rent and damages and he did win in small claims court. I want to know if I have any right to appeal based on damage charges not being given to me until ten months after I vacated the premises and the fact that I only received credit from the security deposit once mentioned in court proceedings. I would like to appeal and also counter claim for two times my deposit based on state law. Is this worth pursuing?
- Category: Landlord Tenant
- Subcategory: Residential Lease
- Date:
- State: Wisconsin
Answer:
In Wisconsin, a tenant has rights regarding claims for rent and damages. Under the law, landlords must make reasonable efforts to rerent the premises after a tenant vacates (Wis. Stat. § 704.29). If a landlord fails to do so, the tenant may be credited for any rent received from rerenting, minus reasonable expenses incurred in that process.
If you did not receive damage charges until ten months after vacating, you may argue that this delay affected your ability to respond or defend against those charges. Additionally, if you only received credit from your security deposit during the court proceedings, this could be relevant to your case.
To appeal, you will need to demonstrate that the court made an error in its decision or that the landlord did not follow the required procedures. You may also consider a counterclaim for double your deposit if applicable under state law.
Ultimately, whether pursuing an appeal and counterclaim is worth it depends on the specifics of your case and the evidence you have. Consulting with a legal professional can provide guidance tailored to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.