Breaking a Lease in Wisconsin
Posted by Priscilla
Wisconsin tenant law obligates a tenant to fulfill a lease agreement for its entire term. There are times a tenant must break a lease because he or she was in financial trouble or became ill. The tenant has the obligation to contact the landlord and make them aware of the need to break a lease.
One of the worst things a tenant can do is move without notify the landlord. This is considered abandonment and the tenant would be liable for the remainder of the lease term. The landlord can seek damages above and beyond the regular lease term and possibly put a lien on any possessions that remain in the rental unit.
Tenants can negotiate with the landlord to terminate the lease. In Wisconsin this is called surrender. Try to negotiate a buy out of the lease where a flat fee or even two months rent is paid to terminate the lease.
Another way to break a lease is to create a sublease with a replacement tenant. The original tenant would be responsible for the replacement tenant’s actions and rental payments. It is best to choose a trustworthy and credit worthy replacement tenant.
Landlords are also obligated to honor the lease agreement. It is the job of the landlord to provide a safe tenement according to Wisconsin law. The rental unit must be in working order and free of any safety issues. Safety issues include a leaking furnace, no heat in the winter, bad plumbing, a leaking roof, lead paint, asbestos contamination and more. If safety problems are found in a rental unit the landlord must repair them. The tenant must notify the landlord to repair the safety concerns. The repair must be made within a reasonable period of time or the tenant has the right to break the lease.
When a tenant breaks a lease all documentation from any negotiations with the landlord must be in writing to protect both parties. If necessary, seek legal help before breaking a lease.
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