breach of lease by landlord? WI

I signed 1 year lease for apartment and paid security deposit, (cash, no receipt given to me) and was told I'd be contacted and given key and could move in on the first. Also the unit I viewed was not the unit I was to be given. I was never contacted or received key prior to or on the first. On the first I called landlord, no answer, left message, no reply. On the second, I heard nothing from him and called again. Again, no answer, left message, no reply. On the third I called again, no answer, etc. He called me back on the third stating a maintenance worker, no longer employed by him, has the key and that he called him and left him a voicemail to drop off the key at my unit; which he stated was unlocked and that I could move stuff in but would be unable to lock door.

I wasn't going to move anything in without being able to lock door. I stopped at unit later that night to check for key and it wasn't there. Also the unit was in a state of being worked on, painting unfinished in some rooms, closet doors not put on, cabinet doors not on, as well as ladders, painting supplies, and other various articles lying around the apartment.

I went there again next day to check for key and again, it wasn't there and no progress had been made. Next day, same story, no key, no progress.
I called him the next day, the sixth of the month, no answer, left message. Since I was still dwelling at my old apartment I was now being charged rent there as well and I mentioned that in the message I left him. Being completely unsure of my living situation, I viewed another apartment which was available immediately. I told the landlady of that apartment my situation and she said that he was likely in breach of our lease agreement.

I then called him again, no answer, left message saying that it's now the sixth, I needed to be out of previous home by the first and was now being charged as well as I was looking for different apartment as I am unable to move into that one.

He then called back stating key would be there tomorrow, the seventh, and apartment would be finished. I told him, it's too late as I was unable to move in as was agreed upon and I needed out of lease and sec. deposit back. He said he would have to consult the owner but that it was unlikely he would let me out of lease. I asked him for owner's phone number, as I was never given it, and said I would call him personally. He then stated he didn't know the owner's number offhand and would call me back with it. I never heard back from him and it is now the seventh. Do I have the right to break lease?

Good question. You need to read a copy of your lease to se what it says about failure to deliver the unit. (Get a copy of it if you don't have one.) Also read state law about failure to deliver the unit on time. Most leases say that the LL's liability is limited to letting you out of the lease if it is not ready. I suggest you send him a letter stating that he must deliver your unit ready for move in and give you the keys within x number of days and you will not pay for any days you do not have possession. If he fails to deliver this, you will consider the lease breached by him and terminated and will expect a full refund of all move in monies immediately. Send it by certified mail, rrr, and keep a copy. Give him no more than about a week to do this so you will have time to move to another unit before the 1st.