Want to ask a question?
Visit Yahoo! Answers
Small Business Newsletter
Sign up for our free email newsletter
Question
Signed Lease for July 1st still unable to move in?
My sister and I signed a lease to move into our new place on July 1st. On the 27th the new landlord told us the current tenants said they were not leaving until the 30th at midnight and he would need time to clean. He said it would be ready by the 4th. So we rent a moving truck put all our stuff in it and locked it up and have been staying with my aunt. Well now he said they tenants refuse to leave so he has to evict them. How long does this take (wisconsin)? What should we do? Should we look for a new place? Should we take the landlord to court for breach of contract? We can't afford to keep the truck past the week we got it for and we need to get out of my aunts we have three kids between us plus three adults in a 2 bedroom, Please someone help! We gave him a check for the deposit but he still hasn't cashed it but we didnt give him first months rent because we havent seen him since we gave him the deposit plus we dont know how much it will be because it will be prorated. There is a clause in the lease that says something along the lines of it the place isnt how it was said it would be or whatever the landlord is responsible.
4 months ago - 7 answers
Best Answer
Chosen by Asker
check the lease. see if it has a clause like this one. . Landlord's failure to deliver possession. If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord. if it dosn't then the landlord is required to provide you with lodging. he can't cancel the lease just because the previous occupants didn't move out. so basically, he'll have to pay for a hotel room for you all (assuming you have given him the first months rent, and everything is signed and complete). he isn't required to pay for the moving truck. you may want to look a renting a storage unit for a monthe or 2 while it's worked out. evictions can be a real pain, and can potentially take a very long time. some states are worse than others, not sure about wisconsin. this sounds like it's going to be a big headach for you. i agree with what others have said about getting your money back and going somewhere else. but that depends on what is available and what you like. if you're set on this place, you can make it happen, but it will be a headach for you and the landlord.
Source(s)
I'm a landlord
by zenophryk
4 months ago
Asker's Rating: 
Other Answers
Initially, you should get a prorated fee for July. check with a tenancy advocate for your rights and reimbursements.
by Mahoro_Ando- 4 months ago
You should look for a new place and ask the landlord for your money back. He should be understanding that you needed the apartment for a certain date and could not give it to you. You probably won't need to sue him because he knows that the contract is breached even if it isn't his fault.
by Emily- 4 months ago
Check the legality of this, but a lease is a contract. It is binding, ergo you might be able to get him (the firm that owns the apartment/condo/ whatever) to reimburse tor the truck. You do have a court case, but check on the reimbursement for damages.
by Dave C- 4 months ago
when will someone call a police officer and excort them out. As for your lease agreement- he has to honor that reguardless so I would tell him not only will he be deducting the amount for each day you cant move in- he will be deducting what it has cost you to hold your truck and storage and if he dissagrees tell him he has already failed to live up to the lease agreement as it is and you will take him to county court.
by Arie- 4 months ago
Oftentimes true evictions can take a month or more. Ask your potential landlord what is going on. Tell him the situation. Let him know if he can't supply the product (the apartment) that you need your deposit back ASAP to get a new place. If you have to (don't do this unless you have to), threaten to take him to small claims court for the deposit and cost of the truck and a place to stay while you are put out. Finally, find another place that is available immediately. good luck!
by Rush is a band- 4 months ago
Oh that's crap. I would demand the landlord pay for the truck and pro-rate your rent for that month. You signed a lease that is a legal document outlining your responsibilities and the landlords responsibilities. You know that if you didn't adhere exactly to it then they would do something
by cjones- 4 months ago