Sunday, August 14, 2011
In WI law/courts, is my landlord mitigating to re-rent by only listing it for sale?
My wife and I have made a terrible err getting into a long-term lease. We are just over the last month of the first year in a two-year lease. Earlier this summer, our landlord offered to sell us the house which had been completely renovated(on the cheap, but it looks alright). We politely declined, even if there wouldn't be closing costs, as we could barely keep up as it were. A couple of months p, and some unforseen health issues arose, and we just could not afford to live here any longer. We sent our landlord a 30 day notice letting her know of our intent to vacate one year into the lease- and thought that she would have no problem with terminating the second year, as those types are fairly uncommon. She did not however. Instead, she sent us a notice to vacate the house because our rent was a day late and informed us that the house would be put on the market for sale(through an t broker of a nat'l chain). She also made a point to include the fact that our lease does not expire until the end of Sept, 2010 and that monthly payment arrangements can be made. It has been a virtual nightmare in the days since. She had one of her cronies that did some of the renovations come and do yardwork claiming we were too incompetent to do it ourselves(the lawn was just cut three days previous). She's constantly calling us and telling us that the house "has to be in show quality" and that "we need to get our furniture out of the living room and have the basement empty". She has also told us to put everything in the garage- short of my wife and 3 children having beds to sleep on. There has been only one showing, but the broker has been here 3 times in 5 days, and whatever he says is directly relayed to us via a landlord phone call, which are rather curt. She's even threatened to come over and clean herself. Our abode is NOT dirty by any stretch of the imagination. I'm just wondering if she's being retalitory and also non-mitigating the damages of a years worth rent unto us by ONLY selling the house and not listing it to rent or showing it as such? I also believe the selling price is $30-40K overpriced. Yes, we should get legal counsel, but perhaps one of you know first!
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