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  1. #1
    Join Date
    Jan 2013
    Posts
    2

    Default Entry Without Advanced Notice

    My question involves landlord-tenant law in the State of: WI

    Clause of this law I have question regarding:
    (1)  When section applicable. So far as applicable, this section governs the rights and duties of the landlord and tenant in the absence of any inconsistent provision in writing signed by both the landlord and the tenant. Except as otherwise provided in this section, this section applies to any tenancy.
    (2) Possession of tenant and access by landlord. Until the expiration date specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not in default, the tenant has the right to exclusive possession of the premises, except as hereafter provided. The landlord may upon advance notice and at reasonable times inspect the premises, make repairs and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.


    I pulled the above off WI website. I will copy the relevant clause from my lease below:

    Entry by Landlord Landlord may enter the premises at reasonable times, with 12 hours advance notice, to inspect the Premises, maintain the premises, make repairs to the premises, show the premises to prospective tenants or purchasers, or to comply with applicable laws/regulations. Landlord may enter without advance notice when a health or safety emergency exists, if landlord needs access to the electrical panel, if landlord needs access to the mechanicals (i.e. furnace, water heater, etc...), or if tenant is absent, and landlord believes entry is necessary to protect the premises from damage.

    I believe my landlord entered my property today while I was at work. I was not notified in advance, and don't see any evidence of an emergency situation here. I pulled out my lease, and read the landlord entry clause, specifically the bold text above. I'm sure when I signed the lease that I read this as: Landlord may enter in an emergency, such as needing to access electric panel, water heater, furnace ,etc. However, when I read it now, it almost reads like he can enter any time he wants to look at the water heater or electrical panel with out an emergency situation or advance notice.

    My question is: Does clause 1 above from the WI law mean that the below points are only enforceable if there is not a clause put into the lease? It seems clause 2 would conflict with my lease terms, but I cannot fully comprehend the law.

    I have no problem allowing the landlord to enter, and even had no issues complying with the short 12 hour window. I just need the peace of mind that I will not be having people in my place while I'm away without notice (excluding any emergency situations), and that they will not enter my place while I am at home either.

    Thanks to anyone who is willing to look at this,
    Greg

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Entry Without Advanced Notice

    I believe my landlord entered my property today while I was at work.
    You believe, or you have proof?

  3. #3
    Join Date
    Jan 2013
    Posts
    2

    Default Re: Entry Without Advanced Notice

    Quote Quoting LawResearcherMissy
    View Post
    You believe, or you have proof?
    I know for a fact.

  4. #4
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Entry Without Advanced Notice

    why did they enter your property? did you ask him?

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Entry Without Advanced Notice

    How do you know?

    What did the landlord do while he was in your home? From the lease clause you've posted, it does appear that if he needed to come in to update the fuse box or service the furnace, he can do so without notice.

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