I am currently in a month to month lease and am required to give 60 days notice. I recently bought a house and have given my landlord 40 days notice-I will be moving Sept 30 ( I would have given the full 2 months except there is a clause in the lease that states I can't move from Oct. 1 to Feb 28th). I have received a letter stating that if the apartment is not rented I am liable for October's rent- I expected this. I was told by the manager and the rental company that they would try to rent it as soon as possible. The problem is that thus far there has been no attempt by the landlord to rent my apartment. No sign posted outside, no add in the paper or local renting magazines, no calls to show my apartment. I know that in Wisconsin the landlord must try to rent out an apartment- otherwise the tenant is not liable for the rent. If it comes to it, what do I need to do to prove that the landlord did not try to rent the apartment.

I am currently in a month to month lease and am required to give 60 days notice. I recently bought a house and have given my landlord 40 days notice-I will be moving Sept 30 ( I would have given the full 2 months except there is a clause in the lease that states I can't move from Oct. 1 to Feb 28th). I have received a letter stating that if the apartment is not rented I am liable for October's rent- I expected this. I was told by the manager and the rental company that they would try to rent it as soon as possible. The problem is that thus far there has been no attempt by the landlord to rent my apartment. No sign posted outside, no add in the paper or local renting magazines, no calls to show my apartment. I know that in Wisconsin the landlord must try to rent out an apartment- otherwise the tenant is not liable for the rent. If it comes to it, what do I need to do to prove that the landlord did not try to rent the apartment.
If this is the case, and the law states this, then I would take pictures of the outside (to show no for rent sign), keep all papers every day, to prove no adds were ever placed, and collect all local renting magazines, to prove no add was places there either, and tell your landlord what you are doing because you do not believe he is trying to rent it out. This may get him to get the ball rolling on trying to rent it out. I am not a lawyer, this is just advise that may or may not help you prove that the landlord did not try to rent it out. Why is this that you can not move during this time (irrelevant if it is in the lease agreement, but I'm curious none the less).

Why is this that you can not move during this time (irrelevant if it is in the lease agreement, but I'm curious none the less).

It's typical in Wisconsin that you are not allowed to move out during the winter months. Generally people do not move during and landlords do not want to be stuck with vacant units for these months. I find this to be reasonable. What I don't find reasonable is the length of time I am unable to move out. Typically it's from Dec 1 to Feb 28th, not the five months my complex requires. It doesn't seem right that I pay extra to have a month to month lease, yet am unable to move for nearly half the year. Guess it's a good leason to read thing more carefully before I sign!
Thanks for the advice.

I wish I could have been more help to you, I would still do what I said earlier, to at least have proof that he did not even try to rent it out. I am not sure how your law works reguarding this, but it can't hurt, if he does in fact state that he did try.