Can a Landlord Break Their Own Lease (Wisconsin)?

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.

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