[klynnk]

From Wisconsin: The apartment manager here is very lax about repairing anything. What recourse do I have as a tenant when repeated reports about problems go unanswered and unresolved? :confused: My air conditioner has been leaking water into the living room for over a week and they will not fix or replace it. Sure, they come over and make like they are doing something, but I have to call again the next day to report the same problem. I believe that, when they replaced my broken one (last year) with one from a vacant apartment downstairs, they did not tilt it back far enough for the water to flow toward the outside rather than the inside. (I have suggested this each time they come over, but have been told this is not the problem.) Anyway, I have a constant drip inside, which falls right on the heat register. To avoid ruining that, I have a towel rolled up on the heater, with the end of the towel in a bucket to wick away the water from the heater. This bucket fills up about every 4-6 hours, which is extremely inconvenient, especially when I have to get up in the middle of the night to empty it! :mad: Also, listening to this two-drops-per-second plopping from five feet into the air onto a wet towel is driving me mad! The clincher is that the splash radiates out about two feet in all directions, so the carpet and walls are being constantly misted and, I imagine, soaking underneath. I was told by a friend that I could withhold my rent until the problem was fixed. Unfortunately, I just mailed the check a few hours before I received this advice. Would that action have een legal? Should I bypass the managers and contact the owners, who live two hours away, instead? Can I call a local repairman to fix it and send the bill to the owners? I don't like to rock the boat, but I have been patient and fair in expecting them to do their jobs, and I'm at the end of my rope. :( Thank you.

[RickJ]

In the Lease, how long does it say that he has to make the repairs? You probably can't expect a refund if you pay to have the repairs done yourself.

Take pics and document when you've made the repair requests. Send a letter/email to the landlord letting him know that you're fed up with the delays and if he does not make the repairs then you'll call the local code enforcement people.

The law is not clear as to whether you can pay your rent in escrow if he does not make the repiars, but your local cleak of courts can answer that one.

Here is a link to WI's Landlord Tenant Laws for further reading:
http://wis-law.com/tenant704.html

[excon]

Hello klynnk:

Well, of course, the landlord is required to fix stuff. However Wisconsin law is fairly vague on the subject as to HOW you (the tenant) gets it done.

YES, include the owners in your conversation if you're not having any success with the manager. Do ALL of your communicating in writing from now on. Sure, talk on the phone, but be sure to follow up with a letter confirming the conversation. Send your letters certified, return receipt requested. Email works good too.

There are two reasons to do this. One is the intimidation factor. IF they know, that they are dealing with a serious person who WILL hold them to account, they should act accordingly. It's easy to blow off people who they don't think are serious. The second is that if they DON'T, you've got all your evidence ready for court.

excon

[klynnk]

I can't put my hands on my lease at the moment, but I know I read it carefully last winter because the sidewalks were never shoveled (I'm in Wisconsin remember). I found nothing about the owner/manager obligations concerning icy, snow-covered sidewalks that are never shoveled; the broken dryer in the basement that has been unusable by the eight families in this unit for more than one year; the common-area smoke alarms that are disabled/taken down because the batteries are not changed regularly; the broken appliances and discarded furniture piled up around the dumpsters that sit and rot for months; and other smaller complaints. Apparently, they are not obliged to do anything but collect the rent. :mad:
But thanks you, rickj and excon, for the good advice and the link. :) I have taken pictures and will begin documenting the actions beginning with earlier this week. My problem is that I expect people to do the right thing, so I don't become proactive until it's painfully evident that that's not going to happen. I am a good tenant, so when I have a legitimate complaint about the residence, I make the appropriate request and expect that it will be taken care of. That is the manager's job, isn't it? :confused: I intend to call the manager one more time tonight, and send a letter to the owner tomorrow. Temperatures are forecast in the 90s all weekend, so I need a decent air conditioner!

[brooks]

I am not suggesting that you don't ruffle a few feathers but ,If that is going to be your action, then be prepared to move when your lease comes up for renewal.

[klynnk]

My lease was for 12 months; I've been month-to-month for the past 13 months. I am just so sick of the Big Guys taking advantage of us Little Guys. I'm not looking for a fight, but I have righteous anger and am willing to deal with the consequences to the best of my ability. By the way, the AC has now developed a SECOND drip! I have been calling the managers every day and leaving messages, but they have yet to return any of my calls or replace/repair the unit. I think this inaction on their part gives me a legal leg to stand on should I need one, as long as I keep documentation of what's going on. Rickj, I can't thank you enough for the link to that wislaw site. It gives me ammunition.

[brooks]

If you are a M2M tenant, then you don't have a lease. The landlord need only give you a notice to vacate (usually 30 days if you have paid up for the monnth) See the WI tenant Landlord act for confirmation.

[klynnk]

Yes, brooks, I know I do not have a lease, but so what? I don't believe that absolves the landlord from his obligations as stated in the original lease. All the same regulations still apply to me as tenant; why wouldn't the same rules apply to the landlord? Someone correct me if I'm wrong.
I previously asked a question about what advantages a lease provided and the answer from forum members was that it basically locks in the amount of the rent for the period stated. Everything else in the lease applies for the duration of the lease and for as long as the tenancy continues after the lease expires as long is nothing is renegotiated by either party. Again, someone correct me if I'm wrong.

[brooks]

My point was that since you are a month to month tenant it is not in your best interest to rock the boat. The landlord can give you a 28 day notice to vacate if you become a PITA. In that case your only recourse would be to claim that his action was in retaliatory in nature.
I can't speak for anyone else, but to me the nature of your problem does not seem to rise to the level of the apartment being uninhabitable. I would continue to put in written request until the problem is resolved. According to what you have said, they have attempted to fix the problem many times but the problem continues to resurface.

Personally, I would check the drain hole and determine if there is blockage there due to mold buildup.(a little bleach on the bottom tray should clear that up) Tilting the unit backwards is not the solution since it will put undue strain on the window frame and cause the glass to bulge and break. Since you are in control of the window unit you might want to turn it off when you are not in the apartment or use the energy saver dial.

If you feel that you are being treated unjustly, then continue to make WRITTEN requests for the repairs to the apartment. Phone calls are not going to cut it. If after making 3 written request and about 10 days of waiting you may want to contact your local code compliance office, but there is a chance he may not think it's a big deal. The landlord however will not be too thrilled with your methond of getting attention.

If the landlord is afraid that you will bring charges of retaliatory contract, he may choose to wait 6 months before giving you your notice to vacate, but I am willing to bet that you will get one.

Witholding of the rent is not an option. You must follow state guidelines that must be followed in rent witholding. The landlord will most likely give you a 5 day notice to cure and follow up with an eviction within 14 days of you doing so.

My point is to think before you act. Continue to try to work with the manager.

[klynnk]

You are presuming way too much about me. Never have I suggested that the place is uninhabitable or that I would try to portray it as such. Neither would I ever withhold payment of rent for any reason. I do not do things that way. The source of my frustration and anger is the lack of responsibility and action, express and implied, in an agreement between landlord and tenant. If they want to try and evict me for requesting a repair, then I will happily contest it knowing that I have acted honestly and with integrity... and damn the consequences! :eek:

[brooks]

The singular most desirable reason that some landlords, including myself prefer Monthly agreements is that we don't need give an explanation or a reason to issue a 30 day notice. It is particularly effective when you want to get rid of a difficult tenant but don't have a good enough reason to evict. It's not an absolute rule, but in most states that is the case. I am not accusing you of withholding rent or claiming the apt is uninhabitable, but it is something that many in your position have successfully or unsuccessfully tried. You did ask if you can repair and bill the manager. You can try it, but I can say that most landlords will not reimburse you for your expenses unless you have followed state guidelines for repair and deduct to the letter or they have given you written permission. Never take a verbal promise to reimburse. If you decide to fight, it might in the short run make you feel better but have a backup plan.

[cgelly07]

Can I ask if anyone knows if you can with hold rent if your air conditioner no longer works? I have a 4 month old and a 1 1/2 yr old and we have had to leave for three days because of 100 degree weather and they told me that ac is not an obligation to them it is something they offer to us but not a necessity and they don't have to fix it by law but will fix it when it is convenient. Is this right, or can I refuse payment or end my year lease?

[excon]

Is this right, or can I refuse payment or end my year lease?

Hello c:

No, it's NOT right, and you CAN'T withhold rent. Write them a certified letter sent return receipt requested. Demand they fix the AC within 48 hours or you will check into a hotel and charge them for the room.. Tell them the Warranty of Habitability is your grounds.

excon