Untenantable?

[TCool]

What is the name of your state? WI

I have a few questions regarding a situation some of my friends are in. I promised I'd do some research for them since I'm so nice.

WI statute 704.07 sub 2

(2) DUTY OF LANDLORD. (a) Except for repairs made necessary
by the negligence of, or improper use of the premises by, the
tenant, the landlord has a duty to do all of the following:
1. Keep in a reasonable state of repair portions of the premises
over which the landlord maintains control.
2. Keep in a reasonable state of repair all equipment under the
landlord’s control necessary to supply services that the landlord
has expressly or impliedly agreed to furnish to the tenant, such as
heat, water, elevator, or air conditioning.
3. Make all necessary structural repairs.
4. Except for residential premises subject to a local housing
code, and except as provided in sub. (3) (b), repair or replace any
plumbing, electrical wiring, machinery, or equipment furnished
with the premises and no longer in reasonable working condition.
5. For a residential tenancy, comply with any local housing
code applicable to the premises.
(b) If the premises are part of a building, other parts of which
are occupied by one or more other tenants, negligence or improper
use by one tenant does not relieve the landlord from the landlord’s
duty as to the other tenants to make repairs as provided in par. (a).
(c) If the premises are damaged by fire, water or other casualty,
not the result of the negligence or intentional act of the landlord,
this subsection is inapplicable and either sub. (3) or (4) governs.

My questions specifically pertain to 1 and 3. Here's the situation:


The tenants are having a problem with a leaky roof. It was a problem that has been reported around June or July I believe. During heavy rains multiple places would leak, once onto some electronics. Luckily nothing was destroyed. During this past summer part of their ceiling in one of the bathrooms collapsed. The maintenance people patched the ceiling but did not repair the leaks. Just yesterday another portion of the ceiling fell also, this piece was just outside of the bathroom that had the problems the first time. This chunk that fell weighed atleast a pound and fell from the 9 foot high ceiling. I would think that could cause some damage if it hit someone on the head.

Ch 704.07 sub 4

(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.

Now, am I correct in assuming that the problems with the leaky roof are a violation of ch 704.07 sub 2 #'s 1 and 3? And if so, couldn't this be considered hazardous to safety due to large chunks of the ceiling falling? If so, then my friends can remove themselves from the premises and no longer pay rent since the landlords have not promptly repaired these issues, correct?

Also, what is the usual process for something like this? Would they have to go to court first to establish this with a judge to get out of the lease or would they just have to move out and if the landlords take them to court then bring in all of this information?

Thanks much for the help

 

[Alaska landlord]

Your friends should send their LL a certified letter requesting that the repairs to the roof be performed. If after a reasonable amount of time has passed and he sees no indication that repairs are forthcoming, then he should take plenty of pictures of the repairs needed and move. Reasonable amount of time is subjective, so you might give him 10 to 15 days to perform the repairs. His landlord might take him to court for breaking the lease, so it’s important that he keep copies of all correspondence with his LL and be able to provide proof of negligence on the part of the LL.

 

[TCool]

Ok, thanks for the advice

 

[FarmerJ]

And another option is to call the city /county zoning desk and see if they have a inspector who can come out and write a repair order to the LL IF the LL ignores the certified letter.