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!
In the state of Wisconsin, one illegal provision does null and void the lease.

You have more than enough grounds to start a constructive eviction regarding the noise and unauthorized entry, but you must document all of this with police reports and certified letters to the landlord noting the dates, times, duration and nature of the disturbances.

You aren’t going to get anywhere with the neighbors smoking on their porch, and your landlord is under no obligation to provide you with non-smoking neighbors.

When you do a constructive eviction, you first need to give the landlord the opportunity to cure the situation. When they don’t, then you can constructively evict yourself. The key part is proof of the situation, and that is done only with a paper trail.

Illegal provisions make that provision unenforceable … it doesn’t make the entire lease null and void.

You don’t need to have your "facts together" before contacting an attorney. Make sure you get someone who specializes in landlord/tenant law because they will be familiar with case law that affects your situation and not just statutory law.

How is this defined?
Is this put into lease documents?
I’m having a problem with a girlfriend of the guy leasing…she has a dorm room at local college, but doesn’t seem to know how to find her own home.
Is there an established time frame with so many days a month, or is this just stupid.
Thank you.

Look at your lease.
Many say visitors can stay up to 2 weeks per year, after that, it violates lease.
As LL I would consider roomie is violating lease with this GF, who is regularly sleeping there.

My husband and I found a home we love. We REALLY want it but do not have a down payment right now to buy it. We have been working on repairing our credit so we can buy soon, but are not ready to yet. We want to know if we have to go thru a real estate agent to do the lease option or can we go straight to the individual? Do we actually do a closing and have to pay agent fee’s when just signing the contract to lease to own? We were told just to do the lease option we had to do a new mortgage and closing and had to pay $12000.00 in real estate fee, that doesn’t include the initial non refundable fee to the owner. Does that make sense? I thought we would just draw up a contract on it and not actually do any closing or anything…..I am confused. Any help would be greatly appreciated!! Thanks!!

It’s not smart to go without professional advice. If the Lessor agrees to rent it to you, or does a lease option agreement, hire a lawyer to review it before you sign anything. Especially where there is non-refundable $ involved. This is a legal function, you need a lawyer, not a realtor. If you didn’t have a particular house in mind, a realtor would help you find one, but I’d still use a lawyer that specializes in real estate law in your state, before signing anything this serious. You shouldn’t have to pay any agents fees. When the seller lists his home with a realtor, the seller pays the commission. Please, get professional help. It is less costly to pay for expert advice than to get out of a bad deal, later because you didn’t protect yourself from the start.

rented from landlord a year. Beginning of August we warned her we were looking for a home and would move if we found one. Agreed to resign a lease for six months as we were probably going to find a home. Well, we did. Close date is October 25. the landlord wont even help in trying to find a new tenant but her assistant has actively helped us and shown the apartment. we have deposit plus pet deposit riding on this place and when it comes down to it we will pay our mortgage before we pay the rotten landlord. You wouldnt believe that this could even be a dispute if you knew how much real estate the money hungry lawyer owns.
bad ethics here? How? We told her when we started looking. I bought a house. How am I unethical for that? ha ha, I have some good stories too, like about the gas leak last february…
Thanks so far to who replied. I think some details need added. We originally asked for a month-to-month but the landlord said no and offered the six month. So, we were looking at houses and it was time to sign the lease again. A few weeks after that and here we are buying a house. The landlord is uncooperative about seeking out a new tenant to help us out. We have been advertising on our own and her assistant has been helping too; telling people he knows.

I thought there was some 30 or 60 day notice thing. Anyways, we are well aware that we signed a legally binding contract and yes we read our lease.

Also, what a shame that people are responding to me as if I am unethical for wanting to break a lease to buy a house. Sometimes timing just isn’t the best, you know? I am sure you all understand.
Sued for using the words rotten and money hungry to describe the landlord? Surely you know the difference between a little ventilation vs. slanderous speech.
Thanks so far to who replied. I think some details need added. We originally asked for a month-to-month but the landlord said no and offered the six month. So, looked at houses and it was time to sign the lease again. In a few weeks we are buying a house. The landlord is uncooperative about seeking out a new tenant to help us out. We have been advertising on our own and her assistant has been helping too; telling people he knows.

I thought there was some 30/60 day notice thing. Anyways, we are well aware that we signed a legally binding contract and yes we read our lease.

Also, what a shame that people are responding to me as if I am unethical for wanting to break a lease to buy a house. Sometimes timing just isn’t the best, you know?
Sued for using the words rotten and money hungry to describe the landlord? Surely you know this isn’t slanderous speech. But yes we have been very nice. The landlord doesnt speak to her tenants, she dictates through her assistant.

Unfortunately, your story is not unusual.

You committed to a lease and it is up to the landlord if they refund your deposits. They are not obligated to. You did the right thing by saying you were house hunting, but will your landlord do the right thing and refund your money? Doesn’t sound like it.