On August 1 I was suppose to move into my new apartment in Milwaukee, WI but the property manager contacted me and told me that they were in the process of painting the floors and wouldn't be dry for a few days and we wouldn't be able to move into the apartment until the third. We then wrote a letter with our next months rent detailing the amount we should have been prorated for not being able to move in those two days and paid the prorated amount. Well the landlord cashed the check and says we still owe her the prorated amount(60.09). We've tried to have a meeting with the owner and she won't meet with us to discuss the dispute. My question is can they evict us based on not paying the $60 even if the amount is still in dispute? I can pay the $60 if needed on the spot but I really don't want to based on principle, I'm not trying to pay any more or less than what's fair.

Any advice you could give would be a great help.

Thank you,
Eric

I would write them a letter stating that since they didn't make the apartment available when initially agreed that, you can't be held responsible for the time you weren't able to move in. Therefore you deducted those days from your rental. If they wish to pursue this feel free take it to small claims court.

Just remember that this may come back to haunt you when it comes time to renew or move out.

Thanks for the quick answer. Think that's what I might do. Part of me feels silly for taking a 60 dollar dispute to small claims court. And the fact that taking off work to go to court will cost me more then the amount in dispute. What a decision. Thanks again for the help.

Eric