Hi,

We've been having problems with quiet enjoyment in our new apartment home. We have neighbors next door to us with a surround sound system. The repetitive base noise has made living here very difficult to enjoy. Additionally, we have adjoining porches with this neighbor. They smoke on their porch and it drifts into our apartment. We requested non-smoking neighbors due to our son's heart/lung condition but the landlord did not seek one out for us (they moved in after us).

We have talked to the neighbors and talked to the landlord about the problem. In return, the neighbors have retaliated by turning up their music and television. We just want to move out but our lease isn't up for another 8 months.

We tried asking if we could mutually end our lease with the landlord but they said 'no.'

I found two things in our lease that I am not sure of. I know that if there are any illegal provisions in the lease that the whole lease is null.

Last month, the apartment manager illegally entered our apartment (no notice at all when 12 hours is required, no announcement stating they were apartment management). I know this is a violation of the law but not ground enough to break our lease. However, the 12 hour notice is actually written into the lease which is making me wonder if they actually broke the terms of the lease and we are now on a month-to-month basis.

The second concern is that they take $150 out of our security deposit for use of an exercise room/business office. A neighbor mentioned that this is illegal—that it should be a separate deposit, not from the security deposit. I cannot find reference of this in the state law.

Any suggestions would be great as I would like to have all my facts together before contacting an attorney to save some money. Thank you!

Last month, the apartment manager illegally entered our apartment (no notice at all when 12 hours is required, no announcement stating they were apartment management). I know this is a violation of the law but not ground enough to break our lease. However, the 12 hour notice is actually written into the lease which is making me wonder if they actually broke the terms of the lease and we are now on a month-to-month basis.

The second concern is that they take $150 out of our security deposit for use of an exercise room/business office. A neighbor mentioned that this is illegal—that it should be a separate deposit, not from the security deposit. I cannot find reference of this in the state law.

Any suggestions would be great as I would like to have all my facts together before contacting an attorney to save some money. Thank you!

Hello ms cool:

It IS grounds to move. There are NO grey areas of the law. They BROKE the lease or they didn’t. And, don’t ask them – TELL them! Write them a letter outlining the violation, and that as a result, you are moving. Send it certified, return receipt requested. Tell them that you’ll leave the apartment spotless, and that you expect your deposit to be returned in a timely manner, or you’ll see them in court.

Grounds, are grounds. If the lease is broken, it’s broken. I don’t know about the exercise room deduction, but you don’t need a second violation.

excon



However, the 12 hour notice is actually written into the lease which is making me wonder if they actually broke the terms of the lease and we are now on a month-to-month basis.

Hello ms cool:

I see another question that I failed to answer.

In my view, your lease only reverts to a month to month AFTER is expires. It would NOT revert if it were VIOLATED. After all, the requirement to give notice is the same with a year lease or month to month.

If you accuse them of violating the lease, which is what I recommended you do, you must vacate (with 30 day notice). If the problems you are complaining about are bad enough to break the lease, then they are bad enough to move. You cannot have it both ways. You either have an agreement with them (which is your lease), or you don’t.

excon

Thank you very much for your answer. I should clarify--we would like to get out of our lease and be month-to-month so that we can give notice right away. My understanding of Wisconsin real estate law is that if one part of the lease is found in violation, the lease is null (not sure if that is the correct word). If this would happen for us, it would be a good thing and we could give notice rather than waiting until next May.