Our landlord offered to sell us the house we’re renting, but was asking far too much. We declined, and mentioned we were having a hard enough time as it was keeping our current situation afloat. Two months later, I injured my arm forcing me out of work, and my landlord offered to lower the rent by $100 a month when we gave her our notice to vacate/terminate occupancy early- but it just didn’t make any sense to pay rent late every month for the next half year, in addition to late fees. $100 wouldn’t have made a darn bit of difference- it was like a slap in the face. With winter coming, my wife and I knew that our heating costs would crush us financially, along with me having the arm injury(severed 5 tendons in my forearm- it doesn’t tickle) and unable to find suitable employment- not a great position to be in with three children. There’s a year left on our two year lease, and my wife and I were told by her that she doesn’t plan on re-renting our house, as she doesn’t want to have this happen to her again. She definitely mentioned in a curt letter to us that our lease doesn’t expire until the end of Sept. 2010, yet stated in the letter that she put "the house on the market for sale(through a Century 21 broker, whom doesn’t deal in rentals) as well as for rent". The MLS sale listing says nothing in regards to it being a rental, and it has only been shown once to a prospective buyer. I have found no evidence in any local papers nor websites, such as craigslist that have it listed for rent(I’ve kept evidence). I’m very worried that she may take my wife and I to court and sue us for an entire year’s worth of rent, $15k+. That would be devastating. Is she lawfully mitigating damages by only listing it for sale and not for rent? She has also been calling my wife constantly telling her/us that we have to "unclutter" the house to her and the broker’s liking. She told my wife that we have to make it look like no one lives here, and to move living room furniture out to the garage. We can’t store our things in the basement- they have to be in the garage, pushed off to the side. "Less is more", she tells us. I think she’s being retaliatory. Any wise words out there for me? I’m losing sleep over this. My wife will actually be teaching her son at the local high school this spring for crying out loud…teachers don’t get paid enough as it is…I digress…thanks. 
Let me get this right. You are pissed off because your landlord, who has absolutely no obligation to lower your rent or let you out of your lease early, has offered to lower your rent by over twelve hundred bucks a year.
Damn. Her taxes, mortgage payments,insurance payments and all of the many other costs associated with rental property didn’t go down at all and yet she offered you a fairly good size break on your rent. And you are complaining that she isn’t giving you back enough because of YOUR injury?
Little wonder she doesn’t want to have another tenant.
She doesn’t have to rent the place out in order to mitigate the fact that you are breaking a contract that you entered into. The only mitigation that you may be remotely entitled to is if she is able to sell the property during your lease period. But even that is doubtful if your lease and your state allows for her to sue you for the entire lease in the event of default.
January 30th, 2010 at 9:03 am
She has every right to sell her own property at anytime. As it stands right now you are under a legally binding lease until September 2010 and if you break the lease you will be responsible for any and all lost rent. If she chooses to sell the house that changes things.
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January 30th, 2010 at 9:47 am
Let me get this right. You are pissed off because your landlord, who has absolutely no obligation to lower your rent or let you out of your lease early, has offered to lower your rent by over twelve hundred bucks a year.
Damn. Her taxes, mortgage payments,insurance payments and all of the many other costs associated with rental property didn’t go down at all and yet she offered you a fairly good size break on your rent. And you are complaining that she isn’t giving you back enough because of YOUR injury?
Little wonder she doesn’t want to have another tenant.
She doesn’t have to rent the place out in order to mitigate the fact that you are breaking a contract that you entered into. The only mitigation that you may be remotely entitled to is if she is able to sell the property during your lease period. But even that is doubtful if your lease and your state allows for her to sue you for the entire lease in the event of default.
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January 30th, 2010 at 10:11 am
no
not mitigating
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RE broker
January 30th, 2010 at 10:33 am
You need to take your lease to an attorney for review. Wisconsin does not allow residential leases for an extent of more than one year unless said lease meets specific legal requirements (and those requirements are NOT simple). Your lease may be invalid under Wisconsin law. Meanwhile, your landlord has no right to insist that you move furniture around, etc. to suit HER desires. While it is appropriate to have tidy premises, asking you to make the house look empty while you still live there is rather ridiculous.
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January 30th, 2010 at 10:56 am
you my ‘friend’ are in the wrong. You have a LEGAL lease. She offered to lower the rent, but this wasn’t good enough for you.
It sounds like she is working with you. She can do anything she wants with the property. I would start worrying about you not her.
Your problems are NOT!!! her problems.
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