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:
- State: Wisconsin
Answer:
If a Wisconsin landlord indicates an intent to enforce a lease agreement, the tenant should verify that the lease complies with Wisconsin law.
704.03 Requirement of writing for rental agreements and termination.
(1) Original agreement. A lease for more than a year, or a contract to make such a lease, is not enforceable unless it meets the requirements of s. 706.02 (identifies the parties and the property and is signed) and in addition sets forth the amount of rent or other consideration, the time of commencement and expiration of the lease and a reasonably definite description of the premises, or unless a writing signed by the landlord and the tenant sets forth the amount of rent or other consideration, the duration of the lease and a reasonably definite description of the premises and the commencement date is established by entry of the tenant into possession under the writing. Sections 704.05 and 704.07 govern as to matters within the scope of such sections and not provided for in such written lease or contract.
(2) Entry under unenforceable lease. If a tenant enters into possession under a lease for more than one year which does not meet the requirements of sub. (1) , and the tenant pays rent on a periodic basis, the tenant becomes a periodic tenant. If the premises in such case are used for residential purposes and the rent is payable monthly, the tenant becomes a month-to-month tenant; but if the use is agricultural or nonresidential, the tenant becomes a year-to-year tenant without regard to the rent-payment periods. Except for duration of the tenancy and matters within the scope of ss. 704.05 and 704.07 , the tenancy is governed by the terms and conditions agreed upon. Notice as provided in s. 704.19 is necessary to terminate such a periodic tenancy.
(3) Assignment. An assignment by the tenant of a leasehold interest which has an unexpired period of more than one year is not enforceable against the assignor unless the assignment is in writing reasonably identifying the lease and signed by the assignor; and any agreement to assume the obligations of the original lease which has an unexpired period of more than one year is not enforceable unless in writing signed by the assignee.
(4) Termination of written lease prior to normal expiration date. An agreement to terminate a tenancy more than one year prior to the expiration date specified in a valid written lease is not enforceable unless it is in writing signed by both parties. Any other agreement between the landlord and tenant to terminate a lease prior to its normal expiration date, or to terminate a periodic tenancy or tenancy at will without the statutory notice required by s. 704.19 may be either oral or written. Nothing herein prevents surrender by operation of law.
(5) Proof. In any case where a lease or agreement is not in writing signed by both parties but is enforceable under this section, the lease or agreement must be proved by clear and convincing evidence.
If the lease is valid, then the tenant should review the terms carefully for provisions regarding early termination. If the lease contains volutary termination terms including entering into an agreement with the landlord, then a tenant who wants out of the lease should follow those terms carefully and execute a written agreement with the landlord.
However, if the lease is silent on the issue of tenant surrender, then the tenant who breaches the lease and moves out early (or doesn't take occupancy) may be held liable for all the rent. Wisconsin law does require that the landlord in this situation mitigate his damages by trying to re-let the property. Rhe landlord is required to make reasonable efforts to re-rent the premises, pursuant to Section 704.29 Wisconsin Statutes.
Many tenants will try to help the landlord find another suitable tenant in order to help the process of surrendering the lease.
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.
