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I was a tenant in an apartment building that was forclosed on in Milwaukee, Wisconsin. The new owner will not give me my security deposit back he stated I should contact the old landlord. I just read online that as of this year there is a new law that passed in Wisconsin stating that tenants of forclosed properties do not have to pay the last months rent to the new owner if they are moving out and if they have stayed on the property for at least 2 months after the new owner is in possession of the property. My question is as follows: If I have already payed the last months rent to the new owner would I be able to take the new owner to court to get it back because I was unaware of this new law and the new owner did not inform me of that?
State/Country relating to Question: Wisconsin Already Tried: I have sent the new owner a notice that I was moving out and that I expected my full security deposit back. I sent him the letter about 2 months before the date I moved out so i gave him more than a 30 day notice. I did a walk through of the apartment and returned the key, he checked for damages and there was none.
Thank you for contacting our JA team for guidance. I would file a complaint in Small Claims court for the return of your security deposit and rent returned. The new owner took the property subject to the lease and you the tenant and is responsible to return the funds to you.The clerk of the court can provide you with the documents you need. Please let me know if you need additional information. Best regards XXXXX XXXXX TG ___________________________________________________________________________________ Please press the "accept" button so I may be credited and paid for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Positive feedback and a bonus are always appreciated. Thank you very much. NOTE: Sometimes we receive your question before we receive your additional "optional information". If my response does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.
Should I send a letter to the new landlord first advising him of the new law in Wisconsin with a copy of the statute to see if he will return the last months rent before I proceed to take him to court?
In the event the landlord is not aware of the statute, it would be a good idea to send a demand letter a cite the statute, yes.All the best to you.
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JD, BBA Over 20 years legal and business experience.