We live in Wisconsin. We moved into a home but never signed a lease. We pay our rent month-to-month and..?

want to vacate due to the fact that we can no longer afford the rent here. We paid a deposit before we moved in, which equals the same amout as a months rent. (however it was called a "deposit", not "last month's rent") We found where Wisconsin law says that we can give written notice of 21 days, but can we legally use our deposit as last months rent?

No, you cannot use the deposit as last month's rent...it is to be used/applied against any damages that may have been caused by the tenant (or his/her guests). You will get a refund of the security deposit - minus any costs - within a certain number of days after you have vacated...

Additional information can be found here:
http://wsll.state.wi.us/topic/landlord.h...

Oh, and it's written notice of 28 days (not 21)...

See:
http://datcp.state.wi.us/cp/consumerinfo...

21 days is for the landlord to give you an accounting and to refund all (or portion of) the security deposit.

I know this is sort of a "vanilla answer", but laws and customs vary from area-to-area.

This is a Q which can only be answered by checking what the local custom is AND what the law is as it applies to your situation in the area where the property is located.

You may have to ask a licensed real estate broker or a real estate attorney.

Thanks for asking your Q! I enjoyed answering it!

VTY,
Ron Berue
Yes, that is my real last name!

Wisconsin law requires a 28 day notice to vacate rented property. Be aware that the statute also indicates that the 28 day period starts on any specific rent due date, and is not 28 days from any date of your choosing. Hence, if your rent due date is the first of any month, you must give notice twenty eight days prior to the first of the month. If you miss that date, then you get to wait another twenty eight days.

You may not use a deposit as last month's rent under Wisconsin statute. The deposit of which you speak is the landlord's to hold until any damages have been assessed, unpaid utilities charged and any other fees also assessed. The landlord must send you a statement of said charges along with any refund due to you within twenty one days after you vacate the premises.

No, you can never legally use your deposit as the last months rent. A deposit is held to cover any damages and unpaid utilities or anything else you were responsible for. He must however return your deposit within 30 days with a itemized list of anything he is withholding