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Lv 4

Legal small claims imput for apartment rental wanted. Question about lease.?

In the state of WI small claims gives you 6 years. I'm wondering if the time frame starts when a lease for a tenant ends or when another takes the lease over? Where does the time start? A tenant is kicked out but the lease is not up and is still stuck with the bill getting larger until a new tenant is found. A new tenant is found to take over before his lease is over. So where does the time frame for this 6 years start where I can file for my money due?

Thanks for any info.

Update:

The tenant was not legally evicted because they asked if they found someone to take over the lease could they stay and pay next month. YES, we said. They didn't pay and someone took over the lease after months and they vacated on their own. Hard to Find, with no forwarding mail. The time frame is coming near and they owe a lot. We found them. Now want to file for what is owed, but only have limited time but are wondering if time is past the 6 year point.

Update 2:

Sorry it was a 5 day notice to pay or vacate for this rental unit in July.

7 Answers

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  • Maxi
    Lv 7
    4 years ago
    Favorite Answer

    Once the contract is over/new tenant found/in place and paying rent

  • ?
    Lv 7
    4 years ago

    if the small claims in your state allows 6 yrs to claim in small claims, the time will start when the eviction notice was official by a court decision

  • 4 years ago

    The landlord can sue for unpaid rent the day it's late. That's probably when the statute of limitation on THAT claim starts. If the tenant left damages when vacating, then the date of their departure would be a good place to start the clock on THAT part of the claim. If it's a claim by the tenant for refund of the security deposit, that wouldn't start until 21 days after departure, depending upon how the lease was terminated. Of course, the landlord may only claim compensation for unpaid rent if he or she can prove "reasonable efforts" to mitigate their losses. Ref. WI Statutes 704.29.

    Source(s): WI ATCP 134 (Consumer Protection in Residential Rental Practices)
  • 4 years ago

    It starts when the offense occurs.

  • 4 years ago

    The person pays for the lease until it is re rented. The rent stops on the day the new tenant pays the rent. You are only held for that amount and nothing more. They can not charge for double rents.

  • LILL
    Lv 7
    4 years ago

    The clock starts the day after the tenant vacates the apartment.

  • 4 years ago

    What's your claim for? What money?

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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