+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    Adakai is offline Junior Member
    Join Date
    Jul 2011
    Posts
    3

    WI - Landlord didn't keep promise on new apartment

    Wisconsin.

    Myself and my wife have been renting the same apartment with the same company for about 16 months. We recently signed a new 12-month lease with the same company to move into a larger apartment in a different city.

    When we first visited the new apartment complex we were shown the landlord's apartment as it is indentical to the one we would be renting. We did not agree to anything at that point.

    A few days later we were shown the apartment we would be moving in to. The apartment was still occupided by the previous tennant and was extremely messy (lots of boxes everywhere). It was impossible to see anything. However, I did spot many stained areas on the carpet and some other issues. Unfortunately, we were not able to see the full extent of the damage as the previous tennant had covered it up.

    A few days later we were promised by the landlord that all damage would be fixed, the carpet would be fully cleaned or replaced if the stains did not come out and that it would be spotless throughout. We agreed and signed the new contract.

    About a week later we were given the keys for the new apartment. However, we were told we had to sign the check in list before we could have them. She had filled in the check in list and kept it to herself. At the time we did not know about the rules surrounding it.

    Anyway, the carpet is stained and covered in burn holes (hidden from us), the kitchen is very dirty, some electrical sockets are very loose and the apartment is generally unclean. Many things need to be fixed or replaced.

    We called the landlord about 1 hour later to express our shock. She told us it is not their problem but ours.

    What should we do? Are they allowed to treat us like this?

    Kind regards,
    Adakai
  2. #2
    sandyclaus is offline Senior Member
    Join Date
    Mar 2009
    Location
    Ho Ho Ho, Wouldn't YOU like to know ;)?
    Posts
    7,817
    Your mistake was signing that checklist before actually seeing the apartment you were being given. Very likely, that list had something at the end that basically stated that the apartment was in satisfactory condition (assuming you actually saw it and verified it, which you did not).

    You could probably take photos of the issues and send them with a demand letter to the LL to fix the major problems. But it's still going to be an uphill climb, and you will need to prove that the problems existed at the time you took possession. Again, signing that checklist sight unseen is going to pose a problem in that regard.

    MORAL OF THE STORY: Never, never, NEVER sign anything without reading it fully to make sure you understand what you are agreeing to. There is no excuse good enough for not doing it.
  3. #3
    Adakai is offline Junior Member
    Join Date
    Jul 2011
    Posts
    3
    I fully understand signing the document was a bad idea. However, my wife said the landlord refused to give the keys unless she signed it.

    I was under the impression we had 7 days to look for and report problems?
  4. #4
    sandyclaus is offline Senior Member
    Join Date
    Mar 2009
    Location
    Ho Ho Ho, Wouldn't YOU like to know ;)?
    Posts
    7,817
    Quote Originally Posted by Adakai View Post
    I fully understand signing the document was a bad idea. However, my wife said the landlord refused to give the keys unless she signed it.

    I was under the impression we had 7 days to look for and report problems?
    From this website, specific to LL/T law in Wisconsin [url]http://www.cityofmadison.com/bi/tenantlandlordweb03-7-07.pdf:[/url]

    The landlord must provide you with a Check-in/Check-out form before you move in. Complete the Check-in form within seven (7) days after moving in noting anything that was dirty, damaged, broken or missing when you moved in. Return the completed form to the landlord. If the landlord fails to provide you with a Check-in form at the start of the tenancy, or fails to provide a Check-out form at the end, they cannot withhold money for the damages or cleaning from your security deposit when you leave.
    The LL DID provide you with a Check-in Form, within the 7 days as required. In fact, you signed it BEFORE you took possession. Unfortunately for you, the one they provided had already been pre-filled by the LL, and you blindly signed it without verifying its contents against the condition of the rental unit. Now LL has a document that you signed that says you DID check it and everything was fine.

    In addition, note this:
    Any promise to clean or for repairs must be in writing with a copy of the signed promise given to the tenant. The document shall specify the date by which the work shall be completed.
    "If it ain't in writing, it never happened." The LL's verbal promise to make those repairs is useless. No judge is going to believe they made such a promise, especially when you signed off on the Check-in list saying otherwise. That's one reason the law provides for such issues to be put in writing when they occur, for the protection of the tenant in enforcing said promise to repair.

    I'm really sorry, but your rush to get into that apartment made your too quick to do things that really ended up impacting your rights here. There's not a lot you can do about it now.
  5. #5
    Adakai is offline Junior Member
    Join Date
    Jul 2011
    Posts
    3
    Thank you for your responses.

    The landlord recently agreed to replace the carpet, clean and repair everything. So, good news!

    I just have one small question.

    The stainless steel kitchen sink in the new apartment is about 20-30 years old and very corroded. The disposal is also damaged and sounds... unhealthy, to say the least.

    The thought of having to use it and prepare food near it isn't a nice one.

    Should the landlord replace it?
  6. #6
    Searchertwin is offline Senior Member
    Join Date
    May 2006
    Posts
    2,404
    Quote Originally Posted by Adakai View Post
    Thank you for your responses.

    The landlord recently agreed to replace the carpet, clean and repair everything. So, good news!

    I just have one small question.

    The stainless steel kitchen sink in the new apartment is about 20-30 years old and very corroded. The disposal is also damaged and sounds... unhealthy, to say the least.

    The thought of having to use it and prepare food near it isn't a nice one.

    Should the landlord replace it?
    The sink is still useable. He does not have to reply on that.
    The disposal? What is damage? If it is just the appearance as with the sink, he does not need to address.
    The sound? It can be soft or loud, but if it does the job, again he doesn't have to address it.
    If the thought of having to use it, than don't.
    To prepare food near it, than don't.
  7. #7
    Banned_Princess is offline Senior Member
    Join Date
    Jul 2009
    Location
    New York. Long Island.
    Posts
    7,711
    Quote Originally Posted by Adakai View Post
    Thank you for your responses.

    The landlord recently agreed to replace the carpet, clean and repair everything. So, good news!

    I just have one small question.

    The stainless steel kitchen sink in the new apartment is about 20-30 years old and very corroded. The disposal is also damaged and sounds... unhealthy, to say the least.

    The thought of having to use it and prepare food near it isn't a nice one.

    Should the landlord replace it?
    Does it work?

    yes?
    then no he doesnt.



    if the garbage disposal stops working, then he might have to fix it. might being if it is contractually included, although it being in the place, and having worked up until it broke, the scale of justice is slightly weighed on your side.

Similar Threads

  1. Gas company trying to charge me for an apartment I didn't live at
    By NHamulak in forum Consumer Contracts, Guarantees and Warranties
    Replies: 1
    Last Post: 10-05-2009, 08:26 PM
  2. Replies: 3
    Last Post: 04-29-2009, 06:38 PM
  3. Landlord backpedaling on promise to add roommate to lease
    By Alaris in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 08-22-2008, 10:11 AM
  4. verbal promise by landlord
    By jerilee in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 02-05-2002, 12:59 AM
  5. landlord brocken promise
    By rickru in forum Landlord / Tenant Issues
    Replies: 6
    Last Post: 04-06-2001, 12:27 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.