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What are my options after my roommate backed out of our lease agreement?

What are my options after my roommate backed out of our lease agreement?

Q: Should I pay first month's rent before signing a lease?

It's generally advisable to sign the lease before paying the first month's rent. This ensures that both parties are committed to the agreement. However, if the landlord requires payment beforehand, make sure the lease is fully executed and includes all terms to protect your interests. Always keep a record of any payments made.

Q: Do I have to tell my landlord my boyfriend is moving in?

Most leases require tenants to inform the landlord about additional occupants. This is to ensure compliance with occupancy limits and other regulations. If your lease has a clause regarding guests or additional residents, you should notify your landlord to avoid potential lease violations.

Full question:

I entered a lease agreement to rent a duplex with the landlord knowing I was going to have a room mate. I signed my lease on Friday 11/20/09 and paid the rent and deposit for a Dec. 1st move in date. My proposed room mate informed me on Monday 11/23/09 that he wouldn't be able to go forward with the lease due to his lease that he was unable to break. I called the landlord that same day and informed them that we would not be able to go thru with the lease agreement. She informed me 2 days later that I signed therefore am responsible for the lease. What are my options and can I get my money back? I can not afford this lease on my own!

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Wisconsin

Answer:

If your landlord intends to enforce the lease, you should first confirm that the lease meets Wisconsin's legal requirements. Under Wisconsin law (Wis. Stat. § 704.03), a lease for more than one year must be in writing and signed by both parties, detailing the rent amount, lease duration, and property description. If the lease is valid, carefully review its terms for any early termination clauses.

If the lease allows for voluntary termination, you should follow those terms and get a written agreement with the landlord. If the lease does not address early surrender, you may still be liable for all rent if you breach the lease by not moving in. However, Wisconsin law requires landlords to mitigate damages by attempting to re-rent the property (Wis. Stat. § 704.29).

Many tenants help find a new tenant to ease the process of surrendering the lease. Consider discussing your situation with the landlord to explore possible solutions.

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.

FAQs

What constitutes a breach of lease agreement?

A breach of lease agreement occurs when either party fails to fulfill their obligations as outlined in the lease. This can include not paying rent on time, violating property rules, or not maintaining the property. In Wisconsin, if a tenant does not move in as agreed, it may also be considered a breach, making them liable for the rent unless the landlord mitigates damages by attempting to re-rent the property (Wis. Stat. § 704.29).

What are red flags in a lease agreement?

Red flags in a lease agreement can include vague terms, excessive fees, or clauses that allow the landlord to enter the property without notice. Additionally, if the lease lacks clear information about rent, duration, or maintenance responsibilities, it may be problematic. Always ensure that the lease complies with state laws and protects your rights as a tenant.

What constitutes a breach of lease?

A breach of lease occurs when one party fails to comply with the lease terms. Common examples include late rent payments, unauthorized occupants, or damage to the property. In Wisconsin, if a tenant does not move in as agreed, it may be seen as a breach, which can lead to liability for rent unless the landlord takes steps to re-rent the unit (Wis. Stat. § 704.29).

Should I pay first month's rent before signing a lease?

What is the most common cause for breaching a lease?

The most common cause for breaching a lease is failure to pay rent on time. Other reasons can include unauthorized occupants, not maintaining the property, or violating lease terms. In Wisconsin, if a tenant fails to move in as agreed, it may also be considered a breach, making them responsible for the rent unless the landlord finds a new tenant (Wis. Stat. § 704.29).