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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33798
Experience:  Attorney for over 15 years, landlord 26 years
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Our home is filled with mice / leaking furnace - now have

Customer Question

our home is filled with mice / leaking furnace - now have black mold on carpet /doors separating from cheap glue - our landlord just ignores my request to fix - can I hire professional and take off rent $1200 per month- I've never been late in 5 years and am sick of this /
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: wisc.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: landlord responsible
JA: Anything else you want the lawyer to know before I connect you?
Customer: he is my next door neighbor -so he cant say hes to busy when I see him going out boating and ignoring my requests
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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You are allowed under WI law to withhold rent under Wis. Stat. Ann. § 704.07(4)., but there is no statutory right to "repair and deduct".

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This is what the law says:

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(4) Untenantability. 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 tenant, 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 affecting 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.

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So you can give the landlord notice in writing about all the problems and that you will be withholding rent a allowed by the statute above until repairs are made. Further, you will be contacting the local Code Enforcement office and requesting an inspection of the property if repairs aren't made within XX hours.. You decide how many hours..

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Landlords HATE it when tenants get Code involved because they can find lots of things wrong and cite the landlord and make them fix everything..

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thanks

Barrister

Customer: replied 1 month ago.
thanks I already knew all this
Expert:  barristerinky replied 1 month ago.

You are very welcome. Happy to help any time.

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I never know what a customer knows, so I start from the ground up.

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I am not sure why you asked the question about repair and deduct if you already knew the answer though?

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Did you have further questions I can help with?

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thanks

Barrister

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