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Posted by TenantNet on February 09, 1997 at 17:19:17:

In Reply to: Landlord breach of contract? posted by Maria on February 09, 1997 at 16:36:29:

: My 18 y.o daughter rented apt in 8/96 in Milwaukee, WI. Signed a lease.
I signed as guarantor. In December, 96, she decided to move back home and
she gave 60 day notice.. The upstairs neighbors had really loud music,
(rattled the door), she told landlord. He did nothing. She called the
police. It's almost constant now. The landlord does nothing. Someone
tried to break into apt. She told the landlord. He did nothing. Now,
people are showing up at her door,, without the landlord, to view the
apt. No one is giving her notice that they are coming to view the apt.
The landlord is running the ad for re-renting on April 1, (that's way
past the 60 days notice). I don't feel that the remaining rent should be
paid, due to the fact that he is not upholding his part of the bargain.
I need help.

We can't give you explicit Wisconsin law on this, but in general we can
say a few things. First, you do not have to let people in to see the place
unless the owner has given you reasonable notice. In some places that's
24 hours and in other places it more time, and usually it must be at reasonable
hours. That does not mean you have to take off work just to be there every
time they want to look. Make them fir to your schedule. Also, you have a right
to be there.

As for notice, depends on the lease, but many places require owner to
mitigate the damages by an early move-out, meaning he must try to rerent the place.
Here, if you can prove that he did nothing when she complained, that might
be a "breach of lease" defense if he tries to claim any money after she
moves out. In essense, he broke the contract by not doing the maintenance
or providing the security that he was required to do. SO you choose to
end the contract based on this breach.

Some owners may claim they may need a month to turn around the place, but
that is arguable. If you gave 60 days notice (in some places only 30 is required),
and if he did not live up to the terms of the lease, then you should not
be liable. And don't let him strong-arm or intimidate you by claiming
you owe more.

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Comments:
: : My 18 y.o daughter rented apt in 8/96 in Milwaukee, WI.  Signed a lease. 
:  I signed as guarantor.  In December, 96, she decided to move back home and 
: she gave 60 day notice..  The upstairs neighbors had really loud music,
: (rattled the door), she told landlord.  He did nothing.  She called the 
: police.  It's almost constant now.  The landlord does nothing.  Someone 
: tried to break into apt.  She told the landlord.  He did nothing.  Now, 
: people are showing up at her door,, without the landlord, to view the 
: apt.  No one is giving her notice that they are coming to view the apt. 
:  The landlord is running the ad for re-renting on April 1, (that's way 
: past the 60 days notice).  I don't feel that the remaining rent should be 
: paid, due to the fact that he is not upholding his part of the bargain.   
: I need help.

: We can't give you explicit Wisconsin law on this, but in general we can
: say a few things. First, you do not have to let people in to see the place
: unless the owner has given you reasonable notice. In some places that's
: 24 hours and in other places it more time, and usually it must be at reasonable
: hours. That does not mean you have to take off work just to be there every
: time they want to look. Make them fir to your schedule. Also, you have a right 
: to be there.

: As for notice, depends on the lease, but many places require owner to
: mitigate the damages by an early move-out, meaning he must try to rerent the place.
:  Here, if you can prove that he did nothing when she complained, that might
: be a "breach of lease" defense if he tries to claim any money after she
: moves out. In essense, he broke the contract by not doing the maintenance
: or providing the security that he was required to do. SO you choose to
: end the contract based on this breach.

: Some owners may claim they may need a month to turn around the place, but
: that is arguable. If you gave 60 days notice (in some places only 30 is required),
: and if he did not live up to the terms of the lease, then you should not
: be liable. And don't let him strong-arm or intimidate you by claiming
: you owe more.


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