Legal Question in Landlord & Tenant Law in Wisconsin

My parents have rented a house for 23 plus years and have taken care of property. They recently have had furnace problems and were informed by the landlord that they must contact her grandson for all repairs/problems. So beging Novemeber they have been contacting him about fixing the furnace. It goes out at night and gets quiet cold in house. There is a recet button on furnace that may or may not get it starting again. The son came over and used DUCT tape to fix. Keep in mind this furnace has NEVER been replaced. She has been calling and calling and calling to get them to fix. Then she asked if she could contact someone to come and fix and she has gotten threatened with eviction. She has never missed or been late on rent. The house has many things wrong with it and she is too nice to complain until it came to basic heat for the house. For example, the roof leaks, the electrical is outdated and breakers are blown, there is a hole in floor, chimney leaks water into basment (flooding it), the sewer backs up, bad insulation, etc. I could go on. BUT my mom makes do because she doesn't want to complain and get evicted. There isn't a lot of rental around the area and they do have reasonable rent. They don't make a ton of money being a one income family. Please help and give me advice. Where does my she stand? Would she stand a chance if she were to take some leagal action? HELP


Asked on 12/19/13, 8:55 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Although your parents may have remedies against their landlord, if the conditions are as bad as you indicate, I would have to ask why they would possibly wish want to remain rather than look for a more habitable rental. In WI, however, is would be possible for their lawyer to attempt to set up a trust supervised by the court, into which they would pay their rent until the repairs are done, or other settlement reached such as the landlord agreeing to allow the money on deposit to be used for repairs. Even so, however, if they are nearing the end of the their lease, there is no way that they could make the landlord extend it again, meaning that they would end up having to move out regardless. I would therefore recommend that your parents consult with an experienced real estate lawyer as soon as possible. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html. Answers may contain attorney advertising materials..

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Answered on 12/19/13, 11:46 am


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