The bulk of Wisconsin Landord-Tenant laws are controlled by Wisconsin Statutes Chapter 704 the Dept. of Agriculture, Trade and Consumer Protection, Administrative Code Chapter 134.
ATCP 134.09(2)(b)3 permits the landlord to enter the premises if "The tenant is absent and the landlord reasonably believes that entry is necessary to protect the premises from damage."
ATCP 134.08(5) provides that no rental agreement shall: "Relieve, or purport to relieve the landlord from liability for property damage or personal injury caused by negligent acts or omissions of the landlord. This does not affect ordinary maintenance obligations assumed by a tenant under a rental agreement, in accordance with sub. (7) and s. 704.07, Stats."
Sub(7) provides that no retal agreement shall: "(7) Waive any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition, or maintain the premises during tenancy."
The combination of the above-quoted regulations shows that barring an express provision in your lease requiring you to maintain the premises, the landlord is liable for maintaining the property in "fit and habitable condition."
Your facts suggest that the landlord was aware that you were routinely away from the property. Moreover, the landlord was on "inquiry notice" (knowledge of facts that would cause a reasonable person to conduct an inquiry) that there was a problem with the utiltities or plumbing.
The difficulty with your position appears to be proving to a court that the landlord knew you were routinely away from the property. If you can do this, then it is likely that the landlord would be liable for the utility bill to the extent it was aware that a problem had occurred. If you cannot prove this, then it could be that a court would hold you liable for the first bill overages from the average, and the landlord liable for the second.
Another argument would be that the landlord was negligent in maintaining the plumbing. This would be more difficult to prove, but if a plumber were to examine the broken pipe and testify that the likelihood of a break would have been obvious upon a reasonable and routine inspection, then that could create liability for the landlord for the entire bill and any damages sustained by you.
Concerning the security deposit, failure to follow the 21 day deadline, permits the tenant to obtain double damages in the amount of the security deposit. See
Pierce v. Norwick, 202 Wis. 2d 588 (1996).
Hope this helps.
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Lawyer
Retired (mostly)
yes I am able to prove that the land lady new I was gone most of the year . She had in the past contacted me at my florida home and had ungoing calls to my boyfriend in florida inregards to the rent payments in Wisconsin. I was able to pull up all my flight information and friends and people in the town knew I was only here when I had my son. my landlady even new I had the kid next door maitaining all the yard work from mowing to shovling so when I was gone all of that would be taken care of. I signd the first lease Oct 2007 at no time after that did she or anyone come into the house to do any form of inspection on the property. Not just this mattter she took me to court to have me move out because she stated in court that the mold in the basement was danger for me and my son,(i was fine with this because I already rented a new place) 4 days after I moved out she had a female friend of hers move in to the house.i moved next door so I know this as a fact. I feel I was not just illgealy evicted but as well unjustifally evicted. I lost many things in the flood, most of all I have had 2 babys pass away and all there things were in the basement and now I no longer have any of there things. can I claim mental loss for there things. One last thing do you know of any case were a water heater blew as in this case that I can look into.
again thank you for you time,
Betty