Recourse with Landlord

[dancrouch]

When landlords do break statutes, specifically Wisonsin statute 704.29 regarding mitigating losses from a broken lease, are there any actions that can be taken to punish them. I have contacted the BBB and the Consumer Protection Agency, are there any other agencies that govern situations where a landlord is misbehaving?

 

[LL]

You may be interested to know that California law, just for example, says that you are responsible for "the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss for the same period that LESSEE proves could be reasonably avoided."

So the burden of proof is on you, the tenant, to prove that the LL could have reasonable mitigated his loss. Be sure that you are right.

Next, the LL doesn't get "punished". A court may hold that you don't have to pay the rental loss that LL could have mitigated, but there is not punishment.

Speaking of "punishment", be sure that you don't get yourself written down in a tenant-screening database that cites the list of agencies that you contacted looking for "punishment", and maybe even quotes what you wrote.

 

[AndreaW]

In most court rooms the burden of proof is on the accuser.

If you truly feel that the LL is not making their best efforts to mitigate, follow the advice that Youngslm gave to me: Have a couple of your friends call and inquire about the place. Document the time and date of call, the person who called, and how the LL responded. That may be able to provide evidence in "the burden of proof" department. It may also show that the LL is making an effort. Good Luck.

 

[HomeGuru]

When landlords do break statutes, specifically Wisonsin statute 704.29 regarding mitigating losses from a broken lease, are there any actions that can be taken to punish them. I have contacted the BBB and the Consumer Protection Agency, are there any other agencies that govern situations where a landlord is misbehaving?

HomeGuru response: There is a little known underground torture chamber in your State that you can send L to against his/her will. Unfortunately, the place is not sponsored by any governmental agency.

 

[LL]

AndreaW,

Your naivete is delightful.

I haven't been in "most courtrooms", but probably you haven't either. This is a civil matter, and there really isn't any "accuser" (except that DanCrouch would like to make it that way).

As to burden of proof, I don't know which part of "rental loss for the same period that LESSEE proves could be reasonably avoided." you don't understand. This is the exact statement of California law, which states that LESSEE must prove what part of the rent for the balance of the term could have been reasonably avoided.

By the way, for Dan Crouch, this award can be made by the Court before the end of the term of the lease (in California).

I'll be away until after jan1, if this important matter requires any more discussion.

For HG, landlord purgatory is some place that the tenants think that they have rights. (They do, of course, but try to get them to understand what they are, and what are their limits, and how they interact with the landlord's complementary rights and responsibilities).

Happy Holidays

 

[dancrouch]

As a follow up...

The apartment has been re-rented already. I had to send a friend over to the place to knock on the door to find out that it had been re-rented.

They sent me a bill a week after I left for 5 months of rent due payable in 14 days. After looking into the applicable statutes and discussing the matter with a few lawyers, it was pretty clear that this was illegal, or at least broke state law.

To me, this was nothing more than a blatant attempt at thievery. After reading through a lot of posts on this board, I am certainly not the only one who has been on the receiving end of a crooked landlord.

It disgusts me that they a landlord can act like this and keep on operating like normal. If I try to rip someone off, someone can have me tossed in jail. Why does a landlord have some magical, sacred status that makes them untouchable?

 

[HomeGuru]

Dan, landlords are not untouchable. Post a summary of your situation and I'll see if you are in the right.

 

[dancrouch]

Summary

I broke my lease 5 mos. early to move from WI to TX. The LL and apt. manager did know this. Less than 2 weeks after I moved out, I had a bill for $2k sent to me for all 5 months rent due payable in 14 days. I looked into this and talked to lawyers and they said this was illegal(breaking the above statute). While I was doing this investigating they re-rented the apartment. They did not tell me, I sent a friend to the building to check on it. So I had to cancel a check for December's rent that I had sent out thanks to them not telling me. I am going on a month now since the place was re-rented and I still have not received the security deposit back.

I dont consider their stunt with the 5 month rent bill any different than any other white collar crime. If I came up with some scheme to swindle people, I would get tossed in jail. But it would seem to be standard operating procedure for a LL so no one seems to care. I dont care what lists I get put on, I want everyone to know the LL is a thief. And I want my security deposit back.

 

[HomeGuru]

OK, you broke the lease.
If you are talking white color crime etc. without fully understading the real and applicable L/T laws, then I can't help you.
Research the State Statutes on your own.

In order to win against L you have to play the same game and know the rules of the game. Right now you do not know the rules.You have a good case but your approach leaves much to be desired.