Landlord Woes

[wiscg]

What is the name of your state? Wisconsin

Here is my case, as briefly as possible:

When I was being shown my apartment, I asked specifically and on two distinct occassions if the building and area were both quiet. I did this because noise can be an issue for me. I was assurred on both occassions by the leasing agent that both the building and the area were quiet.

Every weekend, sometimes from Thursday through Sunday, the area is too loud for me to sleep. There are bars and clubs nearby and there is a lot of automobile and pedestrian traffic during the weekends. After trying to stay in my apartment for two weeks or so, I had to find other places to sleep during the weekend because I was losing a lot of sleep.

I called the leasing agent before the end of the month and told her that the area was too loud, that I couldn't sleep and had to get out of the apartment as soon as possible. I was open to renting a different apartment from the company (they have a lot of different buildings), and I told her that. She would not help me and directed me to a gentleman - the general apartment manager - at the main office.

I represented to him through a phone message that the apartment situation was affecting my work and health. I continued to call and got a hold of him within a week. He assurred me that he would talk to people and then call me back. He never did. I tried calling again, every business day, for the next two months. I got a hold of him three, maybe four times, and each time he assurred me he would call me back and never did.

During the time I was trying to get a hold of this man, I posted on a Web site the apartment for sublease and had someone interested in subletting it. However, I could not get a hold of the management company and so the opportunity passed.

Also, after about a month of trying to deal with this, I found another place to live.

I finally wrote a letter to the owner of the management company explaining everything that had happened. I told him that I was living someplace else and wanted the lease terminated. I offered my security deposit to cover costs of advertising. He responded by sending me a letter that basically said, We're sorry you don't like the apartment but you still are on the lease and have to pay rent.

I am considering taking these folks to small claims court. My argument is two-fold: First, I told them I couldn't stay in the apartment anymore and they made absolutely no effort to advertise the apartment - they have a Web site with individual openings as well as postings on the front of the building where my apartment was, and on neither of these was my apartment posted. I feel that they should have had an obligation, because of my notification that I couldn't stay in the apartment anymore, to make a "good faith effort" to advertise the apartment. Second, they have to be at least somewhat responsible for the fact that the apartment became uninhabitable for me because of false information their leasing agent gave to me. I knew it would be a problem if it was noisy, I asked if it was noisy and was not given correct information.

So, my question is, do I have a leg to stand on? Do I have a case that I can win, getting out of my lease, or is it just going to be a waste of time and money? Also: Should I take them to court, could I ask for my money back for the rent I paid during the time they were not making any effort to re-rent the apartment, or should I just try and get the lease terminated?

Thanks.

 

[HomeGuru]

What is the name of your state? Wisconsin

Here is my case, as briefly as possible:

When I was being shown my apartment, I asked specifically and on two distinct occassions if the building and area were both quiet. I did this because noise can be an issue for me. I was assurred on both occassions by the leasing agent that both the building and the area were quiet.

Every weekend, sometimes from Thursday through Sunday, the area is too loud for me to sleep. There are bars and clubs nearby and there is a lot of automobile and pedestrian traffic during the weekends. After trying to stay in my apartment for two weeks or so, I had to find other places to sleep during the weekend because I was losing a lot of sleep.

I called the leasing agent before the end of the month and told her that the area was too loud, that I couldn't sleep and had to get out of the apartment as soon as possible. I was open to renting a different apartment from the company (they have a lot of different buildings), and I told her that. She would not help me and directed me to a gentleman - the general apartment manager - at the main office.

I represented to him through a phone message that the apartment situation was affecting my work and health. I continued to call and got a hold of him within a week. He assurred me that he would talk to people and then call me back. He never did. I tried calling again, every business day, for the next two months. I got a hold of him three, maybe four times, and each time he assurred me he would call me back and never did.

During the time I was trying to get a hold of this man, I posted on a Web site the apartment for sublease and had someone interested in subletting it. However, I could not get a hold of the management company and so the opportunity passed.

Also, after about a month of trying to deal with this, I found another place to live.

I finally wrote a letter to the owner of the management company explaining everything that had happened. I told him that I was living someplace else and wanted the lease terminated. I offered my security deposit to cover costs of advertising. He responded by sending me a letter that basically said, We're sorry you don't like the apartment but you still are on the lease and have to pay rent.

I am considering taking these folks to small claims court. My argument is two-fold: First, I told them I couldn't stay in the apartment anymore and they made absolutely no effort to advertise the apartment - they have a Web site with individual openings as well as postings on the front of the building where my apartment was, and on neither of these was my apartment posted. I feel that they should have had an obligation, because of my notification that I couldn't stay in the apartment anymore, to make a "good faith effort" to advertise the apartment. Second, they have to be at least somewhat responsible for the fact that the apartment became uninhabitable for me because of false information their leasing agent gave to me. I knew it would be a problem if it was noisy, I asked if it was noisy and was not given correct information.

So, my question is, do I have a leg to stand on? Do I have a case that I can win, getting out of my lease, or is it just going to be a waste of time and money? Also: Should I take them to court, could I ask for my money back for the rent I paid during the time they were not making any effort to re-rent the apartment, or should I just try and get the lease terminated?

Thanks.

**A: what do you have in writing from and to the leasing office?

 

[wiscg]

I have in writing my letter explaining the whole issue, which I sent via certified mail - so I also have the certification of reciept. I have the lease, of course. I also have their response letter, basically stating that I still have an obligation to pay the lease. I also have my phone records that show me calling them nearly every business day for two months. That's about it, I think.

 

[HomeGuru]

I have in writing my letter explaining the whole issue, which I sent via certified mail - so I also have the certification of reciept. I have the lease, of course. I also have their response letter, basically stating that I still have an obligation to pay the lease. I also have my phone records that show me calling them nearly every business day for two months. That's about it, I think.

**A: and what does their letter state with respect to your obligation to pay the lease?

 

[wiscg]

Their letter was basically reminding me that even if I left the apartment, I would have to pay for rent until such time that the apartment was re-rented plus expenses for advertising.

What is a bit odd is that I told them that I had left the apartment in the letter, and furthermore had indicated that I wanted to leave (albeit over the phone and not in writing) within a month of moving in.

 

[HomeGuru]

Their letter was basically reminding me that even if I left the apartment, I would have to pay for rent until such time that the apartment was re-rented plus expenses for advertising.

What is a bit odd is that I told them that I had left the apartment in the letter, and furthermore had indicated that I wanted to leave (albeit over the phone and not in writing) within a month of moving in.

**A: you simply have no case.

 

[wiscg]

Could you explain why, please.

 

[HomeGuru]

This is why; read below. And the fact that you have a signed lease.

Their letter was basically reminding me that even if I left the apartment, I would have to pay for rent until such time that the apartment was re-rented plus expenses for advertising.

What is a bit odd is that I told them that I had left the apartment in the letter, and furthermore had indicated that I wanted to leave (albeit over the phone and not in writing) within a month of moving in.

 

[wiscg]

Right, and I don't mean to be too argumentative, but what about the fact that I indicated to them that I wanted to leave within a month, and then in my letter said that I had left the apartment, and to this date they have not done anything to advertise the apartment? I know I have a signed lease, but the statutes here say that the landlord has to make a good faith effort (or something similar to that) to re-rent an apartment if it is vacated. I'm assuming that my initial phone conversation, in which I said that I couldn't stay in the apartment, isn't enough to constitute notification that I was vacating the apartment, but surely my letter saying that I had moved out is enough...

 

[HomeGuru]

Right, and I don't mean to be too argumentative, but what about the fact that I indicated to them that I wanted to leave within a month, and then in my letter said that I had left the apartment, and to this date they have not done anything to advertise the apartment? I know I have a signed lease, but the statutes here say that the landlord has to make a good faith effort (or something similar to that) to re-rent an apartment if it is vacated. I'm assuming that my initial phone conversation, in which I said that I couldn't stay in the apartment, isn't enough to constitute notification that I was vacating the apartment, but surely my letter saying that I had moved out is enough...

**A: your initial question was " do I have a case that I can win, getting out of my lease" and I responded accordingly.
Now as to the issue of advertising, you may have an argument here depending upon all the facts surrounding your actual notice to vacate, when the keys were turned over and the leasing office took back possession of the property, etc.

 

[wiscg]

I think I get what you're saying. So, I don't have a case to terminate the lease, but depending on when I turn in my keys and whatnot I may have an argument that they can't collect any more rent from me because of the lease due to them not advertising. ok. thanks.

 

[HomeGuru]

You're welcome.