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Old 06-05-2016, 08:01 PM
 
Location: La Crosse
4 posts, read 1,831 times
Reputation: 10

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I am under the impression that my landlord is not maintaining a building that is up to code.

A few examples of the violations (all of the statutes referenced are in the state of Wisconsin):

1. Disabled smoke alarms in common areas
Violation per 101.145(3)(b)
2. Stairway (the only fire exit) carpeting is full of rips, presenting tripping hazard
Violation per SPS 321.04(2)(g)
3. No outdoor locks, and no working deadbolt in my apartment
Can't find a specific code, so not sure if this applies.

(4). Not a code violation, but, the lease states that the 'tenant is responsible for all repairs'. No specifications other than that.
Illegal per 704.44(8)

I want to break the lease based on these terms. I am worried for the safety of me and my family and do not want to live here anymore. I have the right to a safe apartment per 704.07(4), and can break the lease if basic standards of living aren't met.

I have contacted my landlord about these concerns, and she hasn't done anything to help. According to state law, she has to repair what I have requested per 704.07(2).

So here's my main question: Is my lease still valid?

I really appreciate anyone's help in this matter.

Side note: In order to get out of this lease, my landlord mentioned that I could lease to someone else, something which I do NOT feel comfortable doing considering the state of disrepair the building is in.

Sorry for the long post
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Old 06-05-2016, 08:38 PM
 
3,461 posts, read 4,703,352 times
Reputation: 4033
Make sure all of your concerns are in writing so that you have good documentation every step of the way. The only way you can find out what your options are, is to contact an attorney or legal source who is knowledgeable in the WI state rental laws and can go over every detail with you and also review your lease.

I am located in WI and I am very familiar with the tenant/landlord laws. Your concerns are definitely valid concerns however, no one on this forum is allowed to give out legal advice.

I don't know what city/county you are living in WI however, the Tenant's Resource Center in Madison is very knowledgeable and helpful in regards to tenant issues. If you are in Dane County then most services are provided free however, donations for services are highly recommended and appreciated. This link will provide information on the services in Dane County and also provides information on what to do if you are outside of Dane County.
Tenant Resource Center

The Tenant Resource Center info is much more easily understood and 'user friendly' so to speak then trying to interpret the actual state statutes. There are so many changes constantly being implemented in the WI state rental statues that it will make your head spin. There are also links to those state statutes on the TRC website but it appears you are well aware of the statutes already.

Last edited by Corn-fused; 06-05-2016 at 09:20 PM..
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Old 06-05-2016, 09:29 PM
 
Location: La Crosse
4 posts, read 1,831 times
Reputation: 10
Wonderful, thank you! I've been looking at that link.

I feel bad ending the lease early, but it's necessary for the safety of not only me, but other people in my building. It's something I wish I didn't have to do.

I also made an anonymous inquiry to the DATCP which will also help, I hope. I'm just very scared that my credit will somehow be affected if I go forward with this and don't 'win'. I also want to call a building inspector to make sure my concerns are valid.

I need a lawyer, desperately Hopefully this is not too expensive.

EDIT: Laywer is now contacted. I'll try to remember to post again in case this helps anyone in the future.

Last edited by lori1968; 06-05-2016 at 09:45 PM..
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Old 06-05-2016, 09:55 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,238,018 times
Reputation: 4205
You have very complex complaints that show you are grasping at straws. You should call the fire marshall and express your opinions and they will come take a look. Once they come look they will issue a repair order to the building owner or will determine the building is safe, either way you will have a safe rental. Why waste money on a lawyer unless you arejust trying to get out of your lease and lying here, you don't come off as sincere anyway.
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Old 06-05-2016, 10:11 PM
 
3,461 posts, read 4,703,352 times
Reputation: 4033
Quote:
Originally Posted by lori1968 View Post
Wonderful, thank you! I've been looking at that link.

I feel bad ending the lease early, but it's necessary for the safety of not only me, but other people in my building. It's something I wish I didn't have to do.

I also made an anonymous inquiry to the DATCP which will also help, I hope. I'm just very scared that my credit will somehow be affected if I go forward with this and don't 'win'. I also want to call a building inspector to make sure my concerns are valid.

I need a lawyer, desperately Hopefully this is not too expensive.

EDIT: Laywer is now contacted. I'll try to remember to post again in case this helps anyone in the future.

Great! The resources you listed are all good steps to assist and guide you. Again, your concerns are valid however, you just need to make sure you don't do anything irrational without either researching your options or getting good legal advice (which includes the TRC). Without following the correct protocol it could end up backfiring on you and costing you unnecessary additional time and expense.

I have had very similar problems (and still do) with my LL so I totally get it. I have had to contact the building/fire inspector myself on occasion for nonworking fire exit signs, expired fire extinguisher in common area, faulty wired lights in common area that were zapping, flickering and throwing sparks, security entrance door not closing and locking properly, faulty appliances, etc. after numerous prior attempts to get the LL to fix the issues. It should never be too much to ask that things work properly and that your environment is safe especially when you are paying good hard-earned money to live there.

Good luck and it would be great to hear how everything turns out for you.
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Old 06-05-2016, 11:07 PM
 
Location: La Crosse
4 posts, read 1,831 times
Reputation: 10
Quote:
Originally Posted by AZ Manager View Post
You have very complex complaints that show you are grasping at straws. You should call the fire marshall and express your opinions and they will come take a look. Once they come look they will issue a repair order to the building owner or will determine the building is safe, either way you will have a safe rental. Why waste money on a lawyer unless you arejust trying to get out of your lease and lying here, you don't come off as sincere anyway.
Calling a fire marshall is a good idea, thank you.
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Old 06-05-2016, 11:17 PM
 
Location: La Crosse
4 posts, read 1,831 times
Reputation: 10
Quote:
Originally Posted by Corn-fused View Post
Great! The resources you listed are all good steps to assist and guide you. Again, your concerns are valid however, you just need to make sure you don't do anything irrational without either researching your options or getting good legal advice (which includes the TRC). Without following the correct protocol it could end up backfiring on you and costing you unnecessary additional time and expense.

I have had very similar problems (and still do) with my LL so I totally get it. I have had to contact the building/fire inspector myself on occasion for nonworking fire exit signs, expired fire extinguisher in common area, faulty wired lights in common area that were zapping, flickering and throwing sparks, security entrance door not closing and locking properly, faulty appliances, etc. after numerous prior attempts to get the LL to fix the issues. It should never be too much to ask that things work properly and that your environment is safe especially when you are paying good hard-earned money to live there.

Good luck and it would be great to hear how everything turns out for you.
I completely agree I'm not normally one to complain too, it's just this place is really going downhill.
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