[dbeyer]

Hi there everyone I am from Sussex, WI and, I am a proud owner of my first home. However, I am having some issues with my landlord that I just left. Here is the story. After fulfilling my first year's lease I requested from my landlord that he put me on a month to month lease. The request was granted but the lease says that I need 60 days notice to vacate as well as a stipulation that I cannot move out during the months of November, December, January, and February. Well my wife and I found a new home to buy at the end of September and I was not able to give the landlord a 60 days notice. I did however tell him in writing that he could keep my security deposit of 775.00 for the inconvenience and that I would be moving out at the end of October to avoid nulling the lease and moving during the Nov-Feb time-frame. My landlord decided to demand that I not only pay the security deposit but also pay the rent for November, which I would no longer be living there. I figured that this was crooked but cheaper than paying rent through February, so I agreed but not in writing. On the 8th of November I went to the apartment to pay the months rent and noticed that the lights were on in my apartment. Since I still had the keys I walked into my apartment to find that the landlord had taken possession of my apartment without any notice what-so-ever. The drapes had been torn off, the appliances had been pulled out, some of the light fixtures had been taken down. The apartment was no longer livable but yet I was told to pay rent for that month. In addition all of the cleaning that my wife and I had done to the apartment had been wasted due to the landlord coming in the apartment and disassembling the place. I was completely shocked by the fact that he had already taken possession of the apartment and was preparing to rent it again even while I still had the keys and the garage opener and was responsible for Novembers rent in his eyes.

So I decided not to pay the rent that day and took all of the keys and the opener and left them in the apartment. That day I received a phone call from the landlord demanding the rent money for November and I told him I would not pay him due to the fact he had already taken possession of the apartment without any prior notice. Now he is suing me for 4375.00 which I do not know where he got this number from. So some of the questions I have are first of all. Does he have the right to demand the Novembers rent from a oral agreement and still take possession of my apartment without any notice at all? Secondly, is he allowed to have a month to month lease and still require a 60 day notice instead of a thirty? Third, is he allowed to charge 100 dollars, in the lease, for a carpet cleaning fee? Fourth, is he allowed to charge 40 dollars late fee for rent plus 10 dollars a day from then on for the remainder of the month, because I've heard the landlord can only charge up to 5 percent of the rent in late fees? Fifth, even though I did not attempt to pay Novembers rent until the 8th can he legally enter my apartment without notice? I would think that this would be like somebody being late on their rent over 1 week so the landlord then decides to take possession of the apartment. That is illegal isn't it? Lastly, if it is illegal to charge a carpet cleaning fee in his lease, and he is charging too much for his late fees in his lease, that there is two illegal stipulations in his lease, is the lease null and void at this point due to the illegal stipulations in the lease... Please please help me out in this matter. Thank you beforehand to everyone that gives me their attention and advice.

[Fr_Chuck]

OK, he is sueing you, so don't worrry about what he thinks, you go to court and present your case. Your lease ended, and you went on to a month to month rental ( I will hope and assume you have that in writing)

But you did not return keys and the such, which means you did not officially turn the apartment over to them.

So you are not responsible for Nov rent ( and most likely would not have been had you returned the keys and had not entered the apartment)

Go to court with all you evidence and show copies of your notice to move out, you offer to let them keep the deposit and so on.