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rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38360
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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In a month to month lease situation, and tenant has to move

Customer Question

In a month to month lease situation, and tenant has to move out temporarily at Landlord's request, as tenant are you obligated to pay rent during that time?
JA: I hope not.
Customer: Is that yes or no?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Yes, Wisconsin.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Nothing in lease about this situation, and just normal upkeep maintenance.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is landlord required to provide invoices for all expenses charged? Also, is there a time limit of how long after vacating premises to receive these invoices-charges?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  rayanswers replied 5 months ago.

The landlord should abate the rent here for the period of time it is uninhabitable.I also think you can argue for the landlord to pay for your hotel or other expenses.Keep the receipts and submit them to the landlord and ask for reimbursement.But certainly you are due a rent abatement while it is uninhabitable here under Wisconsin law.

I appreciate the chance to help you today.Thanks again.

Expert:  rayanswers replied 5 months ago.

704.07 Repairs;

untenantability

.

(1)

A

PPLICATION

OF

SEC

-

TION.

This section applies to any nonresidential tenancy if there

is no contrary provision in writing signed by both parties and to

all

residential tenancies. An

agreement to waive the requirements

of this

section in a residential tenancy

, including an agreement in

a rental agreement, is void. Nothing in this section is intended to

affect

rights and duties arising under other provisions of the stat

-

utes.

(2)

D

UTY

OF

LANDLORD.

(a) Except for repairs made neces

-

sary

by

the negligence of, or improper use of the premises by

, the

tenant,

the landlord has a duty to do all of the following:

1. Keep in

a reasonable state of repair portions of the premises

over

which the landlord maintains control.

2. Keep in a reasonable state of

repair all equipment under the

landlord’s

control necessary to supply services

that the landlord

has

expressly or impliedly agreed to furnish to the tenant, such

as

heat,

water

, elevator

, or air conditioning.

3. Make all necessary structural repairs.

4. Except for residential premises subject to a local housing

code,

and except as provided in sub.

(3) (b)

, repair or replace any

plumbing,

electrical wiring, machinery

, or equipment

furnished

with

the premises and no longer in reasonable working condition.

5. For a residential tenancy

, comply with any local housing

code

applicable to the premises.

(b)

If the premises are part of a building, other parts of which

are occupied by one or more other tenants, negligence or improper

use by one tenant does not relieve the landlord from the landlord’s

duty as to the other tenants to make repairs as provided in part.(a

(bm)

A landlord shall disclose

to a prospective tenant, before

entering

into a

rental agreement with or accepting any earnest

money

or security deposit from the prospective tenant, any build

-

ing

code or housing code violation to which all of the following

apply:

1. The landlord has actual knowledge of the violation.

2. The violation af

fects the dwelling unit that is the subject of

the

prospective rental agreement or a common area of the prem

-

ises.

3. The violation presents a significant threat to

the

prospec

-

tive

tenant’

s health or safety

.

4. The violation has not been corrected.

(c)

If the premises are damaged by fire, water or other casualty

,

not

the result of the

negligence or intentional act of the landlord,

this

subsection is inapplicable and either sub.

(3)

or

(4)

governs.

(3)

D

UTY

OF

TENANT.

(a) If the premises are damaged, includ

-

ing

by an infestation of

insects or other pests, due to the acts or

inaction

of the tenant, the landlord may elect to allow the

tenant

to remediate or repair the damage

and restore the appearance of

the

premises by redecorating. However

, the landlord may elect to

undertake

the remediation, repair

, or redecoration, and in

such

case

the tenant must reimburse the landlord for the reasonable cost

thereof;

the cost

to the landlord is presumed reasonable unless

proved

otherwise by the tenant.

(b) Except for residential premises subject to a local

housing

code, the tenant is also under a duty to keep plumbing,

electrical

wiring,

machinery

and equipment furnished with the premises in

reasonable

working order if repair

can be made at cost which is

minor

in relation to the rent.

(c)

A tenant in a residential tenancy shall comply with a local

housing

code applicable to the premises.

(4)

U

NTENANTABILITY.

If the

premises become untenantable

because

of damage by fire, water or other casualty or because of

any

condition hazardous to health, or if

there is a substantial violation of sub.

(2)

materially affecting the health or safety of the ten-ant, the tenant may remove from the

premises unless the landlord proceeds

promptly to repair or rebuild or eliminate the health hazard

or the substantial violation of sub.

(2)

materially af

fecting the

health

or safety of the tenant; or the

tenant may remove if the

inconvenience

to the

tenant by reason of the nature and period of

repair,

rebuilding or elimination would impose undue hardship on

the

tenant. If the tenant remains in

possession, rent abates to the

extent

the tenant is deprived of the full normal use

of the premises.

This

section does not authorize rent to be withheld in full, if

the

tenant

remains in possession. If the tenant justifiably moves

out

under

this subsection, the tenant is not liable for rent after the

premises become untenantable and

the landlord must repay any rent paid in advance apportioned to the period after the premises

become untenantable. This subsection is inapplicable if the damage

or condition is caused by negligence or improper use by the

tenant.

Expert:  rayanswers replied 5 months ago.

http://docs.legis.wisconsin.gov/statutes/statutes/704.pdf

I appreciate the chance to help you today.I wish you the best here, the landlord should abate the rent.

Expert:  rayanswers replied 5 months ago.

Sorry the statute above is not correct here is reference see page 22 here.

http://www.badgerlaw.net/Data/DocumentLibrary/Documents/1222180572.65

Thanks for letting me clarify here.

Expert:  rayanswers replied 5 months ago.

See step 6 here on rent abatement in Wisconsin.

http://www.tenantresourcecenter.org/repairs_in_wisconsin