Full question:
In a commercial lease can the tenant (me) withhold rent for repairs that have not been made by the landlord? He has been notified numerous times - in person, in writing and in telephone conversations. I am a small bakery and there is a water leak in the rear entrance area to my store along with mold / mildew growing on carpet and walls.
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: Wisconsin
Answer:
In general, tenants in Wisconsin cannot withhold rent for repairs unless the landlord has agreed to allow it. The warranty of habitability typically applies to residential leases, ensuring that landlords maintain safe and sanitary conditions. However, for commercial leases, the rules can differ.
If the premises become untenantable due to issues like water leaks or mold, the tenant may have some rights. Under Wisconsin law, if a tenant notifies the landlord of a serious issue and the landlord fails to make necessary repairs, the tenant may be able to claim that the premises are untenantable. This could justify a reduction in rent or even termination of the lease, but it does not allow for complete withholding of rent while remaining in possession of the premises.
To assert a breach of the implied warranty of habitability, the tenant must show that they notified the landlord of the issue, the landlord had a reasonable opportunity to fix it, and that the landlord failed to act. If the tenant remains in the premises, rent may be reduced to reflect the diminished use of the space, but it cannot be withheld entirely (Wis. Stat. § 704.07).
For specific legal advice, it is recommended to consult with a qualified attorney familiar with commercial lease agreements.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.