I have been a tenant for a unit apartment for approximately 8 years. I have loss my job since graduation and I can not afford the rent anymore. I do have a place to stay(going back to my parents house) but there are 3 months left in the contract. I have speak to the landlord but they are being persistent that I am hereby responsable for the term left. Which I understand but I want to know if there is something I can do. I have talk to them and subleasing is not a option, they make that very clear ( and ruthless).
There has been many misconduct of the landlord part but the bottom line is that I want to know what are my rights. Are they obligated to offer a payment plan for the term remaining? What are mine and their responsibilities?
A landlord required to follow the signed contract (lease) and also be in compliance with the law. Generally each has obligations under the lease and law (and generally no landlord obligation to offer a payment plan).
Your indication of "many misconduct of the landlord part" (and law is generally in favor of tenants depending on the misconduct). Must understand your rights on the specific misconducts, including remedy available, as those may give you leverage against your obligation to the landlord. Milwaukee may have special rules for landlords and tenants.
Only when all rights and obligations are known can you weigh your position and how to proceed. Checking with a Milwaukee attorney who works in the landlord/tenant area would provide understanding. Check with the Legal Aid Society of Milwaukee to determine if you qualify for no cost legal assistance.
It sounds like you are taking common sense steps to try to mitigate or lessen the landlords loss which, by what you say, you "understand." It sounds like you need someone to act as your agent in getting your landlord to understand. An attorney can do that. So contact an atorney immediately before the landlord tries to sue you for even more money!
When you signed the lease, you made a promise that you would pay for the apartment for the full length of the term, including the next three months. If you were to not pay, that would be a 'breach of contract,' or, in other words, that you broke your promise.
Even if you break your promise, however, the landlord has a duty to mitigate the damage, which, in this case, would be to try release the apartment three months earlier than expected. The landlord has to actually try to find a renter, and if or when the landlord does, the new tenant pays rent and you no longer have to (the landlord doesn't get double rent). There are many other small costs allowed in calculating the expenses to mitigate the damage, but with the lease up in 3 months, they'll be near negligible.
Your best option might be to tell your landlord to start showing the premises and move out, keeping your fingers crossed that a new tenant moves in. If the issues of misconduct you mentioned are important to you, you might want to seek out a landlord-tenant attorney; there are many rules in Wisconsin and Milwaukee that protect tenants.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline