Charge for keeping windows open during "heating season" (apartment complex, lease)
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Ok so long story short I received a bill from my landlord for having a window open when they came by for an "inspection" which none of us never noticed or saw nor were we called in advance. The bill is $100 and it was due December 29th. (Just got it this week, lol) Our heat is included in the rent and they control the heat in the apartment complex. The bill stated "The window will drive up their heating costs." Me and my roommates have already decided we will not pay the bill but they will likely take it out of our security deposit if we do not. I looked over the lease twice and it stated nothing about this rule they have seemed to throw at us.
To us we think it is obvious they are trying to play some games here to leech out of our security deposit.
Does anyone here know about Wisconsin State laws regarding to landlords being able to do this if they control the heat? If they are not doing this by the books is there any legal action we could take or any place of authority to report this to so we don't get jipped $100?
If anyone is curious this place is so blasted hot, even during the Wisconsin winter season, that we have to crack open a window for a little bit to let the hot air out. Also my landlords have a small reputation for doing this kind of thing to their tenants.
Ok so long story short I received a bill from my landlord for having a window open...
If anyone is curious this place is so blasted hot, even during the Wisconsin winter season...
I once had an apartment like that too. Top floor in a converted old house.
When I didn't have the window open I had a space heater running (on their dime).
Does anyone here know about Wisconsin State laws...
There's a link at top of this section to State law sites.
I doubt there is any such law and unless the lease has some pretty specific language
in it about level and pattern of heat they're providing (that no sane LL would commit themselves to)...
I'd say they're just spittin' into the wind.
As speedy said... they can complain all they want. Send them a letter back
(cause verbal doesn't count) describing in very general terms...
"everyone knows that sometimes radiators will overdo it some,
but I'm not paying any $100 invoice because of it"
If they're the ones setting the temperature I don't see how they can charge you for opening the window. Now if you decided to crank it up to 80 and then open the window, I could see where they were coming from.
But if they really did enter for an "inspection" and not an emergency without notice, it appears that is against the law (although apparently in this case they may be able to put something different in the lease).
704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary.
(1) When section applicable. So far as applicable, this section governs the rights and duties of the landlord and tenant in the absence of any inconsistent provision in writing signed by both the landlord and the tenant. This section applies to any tenancy.
(2) Possession of tenant and access by landlord. Until the expiration date specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not in default, the tenant has the right to exclusive possession of the premises, except as hereafter provided. The landlord may upon advance notice and at reasonable times inspect the premises, make repairs and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.
I would put something in writing (probably via certified mail) stating that you will not be paying, and would probaby cite that law.
Do not pay this. Its a huge scam. Specially if there is nothing stated in your lease about it.
CONTACT THEM ONLY VIA CERTIFIED LETTER.
Phone calls, emails, txt msgs, and conversation will not be good enough.
They probably will try to deduct it from your security deposit, its paramount that you fight this, in small-claims if you must; so that these scrupulous landlords don't continue to give the rest of us a bad name.
Chiming in to support the unanimous opinion that this is ridiculous. Absent something in your state law that allows this, I'd tell them to pound sand. Be prepared to fight to get this back from your deposit. Also be aware that they might claim your rent is now $100 delinquent because of this -- they might apply the first $100 of your next rent payment towards this fine. Your state law will probably dictate whether or not this is permissible.
the tenant is a jerk if he is hot there is a valve on the radiator he can turn down most tenants who have heat included do this. it may be in his lease listed under fees or other cost
sometimes you just need some fresh air, since when is it against the law to open a window.
this is absolutley ridiculous.
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