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bridgea · Sep 20, 2006, 03:54 PM

I have a question about getting out of my lease. I live in Wisconsin and recently sign a lease for a year. I am having problems with my landlords, They have been saying things and then backing out on them. I made the mistake by not getting anything in writing, but I am tired of dealing with them. I did my research and found out that the landlord my not enter the tenants house unless 12 hour notice. There have been plently of times he would call only a few hours in advance and tell me he was coming over. Also two days ago he knocked once and walked in and starting talking to me. Plus he has been mowing the lawn for the house but never tells us in advice when he will be there to do that. I was wondering if that was enough to get out of my lease and if so how do I prove that he hasn't been fellowing the lease. Also what do I say if I write him a letter saying I am moving out in 30 days.

excon · Sep 21, 2006, 05:56 AM

Hello bridgea:

In your letter, WARN, him first that violating Wisconsin landlord tenant law is grounds for breaking your lease. Cite the law. Send your letter certified, return receipt requested. Do ALL your communication by mail from now on. If you talk on the telephone, follow up with a letter confirming the conversation. Plus, take pictures.

After your newfound stance, he will either conform to the laws or give you grounds to terminate.

excon

ScottGem · Sep 21, 2006, 06:20 AM

First, I'm not sure where you got this 12 hour rule from, but the applicable law states (Section 704.05(2)):

The landlord may upon advance notice and at reasonable times inspect the premises, make repairs

The amount of advance notice is not specified. Second, I would think you would be happy he mows the lawn for you. As long as he doesn't do it at unreasonable times (like 7AM) I don't see the problem.

As to knocking once and walking in, it may be that the area is very informal. That's the way neighbors sometimes do things (and I gather he lives in the area). I would explain, politely, that you would prefer that he waits for an invitation to enter the home.

The point here is that nothing you cite seems to come close to grounds for breaking your lease. So, I would invite the landlord for coffee one day and nicely explain to him that, where you come from, you are used to a different way of doing things. Ask that he not enter the house without permission, that he give you more of a notice before coming over and that you set up a schedule for mowing the lawn. If he doesn't take offense at these suggestions you might even suggest they be written as an addendum to the lease.

Then, if he doesn't adhere to the agreement you have grounds for breaking the lease. In my opinion, you don't have any such grounds now.

bridgea · Sep 21, 2006, 07:52 AM

Thank you for responding that helps me out. I got the 12 hour rule from our lease and the Wisconsin Tenant and Landlord agreements. If you live in Madison it is 24 hours and anywhere else in Wisconsin it is 12 hours.

ScottGem · Sep 21, 2006, 08:34 AM

If the lease specifically states 12 hours, then that's where its defined. The agreements are probably just guidelines for leases. They aren't binding in that a landlord has to use them. The state law does NOT specify what the time limit should be. That's left up to negotiation.

I still don't believe your landlord is committing a sufficient violation to justify breaking the lease. I would still be inclined to recommend an informal and polite sitdown with the landlord to see if you can settle this amicably. If not, then go ahead with the suggestions excon outlined.

Fr_Chuck · Sep 21, 2006, 07:14 PM

I will only add, if he calls and says he is coming over and you are home, have you ever said no ? If you are home and he knocks, you don't have to let him in?

And what is he coming over for ? Repairs, to visit or what.

I often don't go inside my rental houses for months at a time,

As for as the mowing, no he can come over and mow at his time frame, unless you ask him to let you mow, but he does not have to come in to mow the yard.

I have a mowing service that mows my yard and various other properties I have, they are to mow every two weeks, beyond that what day they come on I have no idea until I come home and see it has been mowed.

If he has called and you always let him come, he may not even know it is bothering you.