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Bill Attorney
Bill Attorney, Lawyer
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I've been told by landlord that he's aware of all conditions

Customer Question

I've been told by landlord that he's aware of all conditions in need of repair. These have Ben issues with 3 of the 4 units that I've verified by tenants and myself by living in these substandard conditions. I can't use my windows. They're rotting down inside the bottom of the window through into my wall. The window can be pushed out of the opening to see outside. He promised to replace them very soon after I took residency May 1st. No screen on master window. Just a glass storm you move to left to use screen. Well if you do the storm doesn't completely close on left leaving it open to insects bugs etc to enter. The 2nd bedroom has 2 glass storms on left no screen. It does the same thing if you open to get air flow bugs enter. The living room windows are turn handles. They're rotting also. If you turn to open you can see the wood its anchored on lifting and see light outside. Takes 2 ppl to class see them one outside to push the window n one to turn the handle. I'm permanently disabled! I'm not able to have emended temperature change or else it flares my spinal injuries and disorder and I'm not able to walk nor move from my waist down. I've been bedridden MORE since May than in the 8 yrs of being injured. The mold smell is coming from next door through the on working exhaust system. Their dining nag room ceiling is filled with water and falling down from lack of proper flashing on the patio door above them. The molds visible and the landlord came with a large yellow bucket to resolve the issue. They have a young Autistic son in that unit. I'm suffering from extreme migraines and I'm not one to ever get them. My inflammation of my back legs neck shoulder are extreme from the air conditioning unit breaking and he refused to get it fixed on aThursday prior to July 4th. We had to relocate e
Immediately as I went into panic attacks and wasn't able to walk and broke out in hives from the extreme change of temperature. I withheld rent as he's not going to fix the windows as said in May, and told tenants for five years it's on his list to do with exhaust system. Living in mold can cause mental defects in young kids and it's definitely affecting my spinal stenosis and spinal disorder and paratheis in my legs and lower back. I refuse to hinder my health and safety anymore to benefit monetary gain of a selfish man who lies. Tenants above me are so loud it sounds like their coming in my ceiling. It's the younger son SKATEBOARDING IN THE HOUSE!! I've had All of my flag stakes flags and all stolen. My flower pots destroyed my plants killed my lanterns broke. They use pellet guns and access the roof from their deck to shoot holes into the vinyl exterior of the entire building. The recycling can hasn't been taken out in many months. It now homes rats that gave birth and better yet, larger Possum! It's almost 3 ft in size. Ants and the dirt from the cement slab the building is on come from above tenants filthy garage under my trim into my kitchen wall that is on back side of the front garage. My flags that were taken are hidden inside that garage as a father brought his honest son who was bullied by the son and told to never tell he stole my property or where it's at. I know that the landlord has a legal right to evict a tenant that refuses to comply and allow quiet peaceful living to all who reside in this building. I require sleep and rest with my medications. I've never ever slept a night through over a total of a month of living here. They're so obnoxious that my prints hanging on my wall were knocked off including the anchor and screw from the wall. I tell the landlord and he chuckles. It's not funny nor a joke nor acceptable. He now Duct Taped my windows in place from the outside with Contractor Duct tape as it has writing on it only contractors can buy. He hoped the western sun would MELT the tape to the vinyl to FIX THE PROBLEM? I'm certain its past fixable as I have to put towels in my window even when closed as always. My budget plan is to be 86.00 but I pay up too 165 a month to cool the outdoors. The thermostat was off almost seven degrees he put in a digital one, I had to put it down to 60 or 62 to get it to read 75 to 77 it cased the unit to break. I believe the furnace a issue also. He said I'm to replace filter every month?? That's insane!
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Bill Attorney replied 3 months ago.

This is attorney Bill offering assistance for your landlord-tenant question in Wisconsin.

You have given a detail account of problems with your current tenancy.

What kind of a lease agreement do you have ?

What would you like to achieve here, are you looking to move out ?

Are you looking to recoup payment for back rent to a property that has been in a state of disrepair ?

Attorney Bill

Customer: replied 3 months ago.
Atty Bill, he's been advised MULTIPLE times over and over again about the issues. He masks,the problems with I'm trying get quotes for best deal, it's very expensive to repair these things. It's been 5yrs total in the building of the 3units I've been aware of that's waiting for repair.One yr lease until April 30, 2017Moving yes. Best option to keep my family safe and healthy. My disability can't take mold and conditions as it affects me emensely.Yes please, the security deposit is needed immediately to relocate. I feel I deserve back rent for pain and suffering. The times I've had to leave my home and stay with family and friends from broken Air conditioning system July in humidity and heat index out of control. I can't be in extreme temperature changes. It causes my pain to flare to extent of my legs number, back neck shoulders not able to feel. Can't even sit up or walk 8ft max to bathroom alone. I've not been in bed helpless as from May in the last 8yrs since my injury!I've got pictures of as much as I could get in my condition. It just doesn't end here with these issues. I've got much more. I'm in bed now extremely tired with pain in my lower back that I can't begin to describe. I don't feel Anyone who pays rent Early every month should live in extreme hell conditions and he get away lying to mask his lack of Any intention to repair the building to a safe state of being.Can you help me get a safe place being disabled and in the limited time I'm facing? I'll be paying for moving also. More cost!
Expert:  Bill Attorney replied 3 months ago.

Thank you for following up with me.

Under chapter 704 of Wisconsin's landlord-tenant law and the conditions of the property that you have described that have made it hazardous for your health you can by law withhold rent, notify your intent to the landlord to terminate the lease and sue the landlord in the civil court for past rent.

The statute on tenability outlines your rights and I will include it here for your reference:

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.

Past paid rent up to $10,000 could be sought in the small claims court.

In relation to your other injuries, you could take a civil action against the landlord but your success in the action would really depend on the proximity of the landlord's negligence and the injuries you sufferred.

You should undertake an in person consultation with a local lawyer in relation to these.

The action for past rent can be done pro se. You should give the landlord written notice of your dissatisfaction and require him to find you another residential property until he repairs the current.

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Attorney Bill

Customer: replied 3 months ago.
OK Atty Bill, I'm very pleased with the results you've given me. I'm aware of Chapter 704. Do you really think I'm going to trust this negligent man to find me a safe place to live? I'm going to be on top of it all and get in full gear. I'm fine with pro se, I'm educated in law. Just disabled I wanted to see I was clear on my rights. I've been assured by you. What do you think is a fair move out date as I've withheld rent? I'm sending the certified letter in morning to advise him. Any other actions I can take to end this peaceful?
Expert:  Bill Attorney replied 3 months ago.

Considering you have already given the landlord notice of the untenable conditions of the apartment and he has failed to make improvements or repair, you could terminate the agreement immediately for his breach the habitability laws.

Having given him a notice in writing would be helpful should this go to court. A minimum of 5 days should be given in a written notice.

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