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  1. #1

    Default Locking Basement with Breaker Box and Furnace

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

    Here's an interesting landlord/tenant situation. I'm currently renting a lower unit in a house converted to 2 apartments. There is an upstairs tenant on a separate lease. I have no flippin idea what she does up there, but she is always tripping breakers. The breaker box is in the basement of the home, and it's accessible via stairs within my apartment. Me and the other tenant have a good relationship, and I will happily and go and deal with the breakers as needed.

    However, there's some other factors at play. In the basement there is also a large open crawl space that has access to the exterior of the house. All winter I was live trapping rabbits that entered the basement and couldn't escape. I need to stress this crawlspace is huge, you could probably be on hands and knees in there. I notified the landlord and they indicated they planned on doing nothing about the issue. It's an inconvenience and furthermore a security risk. Yes, I know the obvious advice of "don't like it, move" is on the agenda, but in the short-term I have installed a lock to prevent entry from the basement to the interior of the house. This has the side-effect of preventing access to the basement (from the house) by anyone but me since there is a lock involved.

    What ends up happening is I was on a vacation and the upstairs tenant blew the breaker connected to her fridge. Since I wasn't there to deal with it, she called the landlord as an emergency, who proceeded to enter my unit under their rights in an emergency, then flooded me with furious texts/calls when they found out they were prevented from accessing the basement. They said they could give me a 14 day "get the f*** out notice", and those were his words, but they are letting it go this time. At this point, I reminded them I gave them info about the crawlspace and the opportunity to remedy the situation, and technically I didn't prevent their access to the basement as if they really need to get to the furnace or breakers, there's that huge crawlspace they can use. I also offered a key, and they refused saying I can't install custom locks regardless. Nothing about locks, breakers or the basement is specifically mentioned in the lease, which appears to be a cookie-cutter lease with no atypical provisions.

    Now for my questions:

    1.) Is a tripped breaker a legitimate emergency in which the landlord can enter the unit without notice?

    2.) Does their refusal to secure the premises against the crawlspace affect anything? And furthermore, does the fact they could go through the crawlspace negate the argument that they are "denied access"? They have access, it's just not ideal.

    3.) Also, is their threatened action of a 14-day move out for breaking lease with no opportunity to cure a thing? If not, what could they actually do if I maintain my present setup? Could I use their refusal to secure the crawlspace as a reason to get out of the lease early if I try and move?

  2. #2
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    Default Re: Locking Basement with Breaker Box and Furnace

    Quote Quoting Aquarius9217
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    1.) Is a tripped breaker a legitimate emergency in which the landlord can enter the unit without notice?
    Sure is.
    Quote Quoting Aquarius9217
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    2.) Does their refusal to secure the premises against the crawlspace affect anything? And furthermore, does the fact they could go through the crawlspace negate the argument that they are "denied access"? They have access, it's just not ideal.
    Nope. Doesn't change a thing. Sorry, you were just plain wrong.
    Quote Quoting Aquarius9217
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    3.) Also, is their threatened action of a 14-day move out for breaking lease with no opportunity to cure a thing?
    Is it a "thing"? No, it's not a thing. The NM landlord tenant statute allows for 7 days notice to cure. See 47-8-33

    In other words, better remove the lock.

    You might have other remedies about the rabbits under 47-8-20 Obligations of Owner and 47-8-27.1 Breach of Agreement by owner and relief by resident.

    If none of that works for you, then you are right, time to find another place to live when your lease is up.
    Quote Quoting Aquarius9217
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    If not, what could they actually do if I maintain my present setup?
    Evict you.

    Quote Quoting Aquarius9217
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    Could I use their refusal to secure the crawlspace as a reason to get out of the lease early if I try and move?
    No.

    As I noted. You would first have to take advantage of all the remedies available to you under the statutes before you can try to break your lease. And I don't think the issue with the crawlspace and rabbits is a habitability issue that would allow you to break the lease.

  3. #3

    Default Re: Locking Basement with Breaker Box and Furnace

    Quote Quoting adjusterjack
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    The NM landlord tenant statute...
    Wisconsin, not New Mexico if that changes anything.

    So they can just leave a wide open access point for some criminal to enter the house, evading all standard locks?

    I am not thinking there is a habitability issue. It's security and failure to either secure it themselves or allow me to. I don't plan on renewing my lease, but if I were to seal up the crawl space, would I also be running afoul of something?

  4. #4
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    Default Re: Locking Basement with Breaker Box and Furnace

    Quote Quoting Aquarius9217
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    Wisconsin, not New Mexico if that changes anything.
    Some. Don't know where I got NM from. Too late to edit. Here's the WI landlord tenant statutes. You'll want to get to know them.

    https://docs.legis.wisconsin.gov/statutes/statutes/704

    You'll find the rights and obligations of landlord and tenant along with any particular remedies you might have.
    Quote Quoting Aquarius9217
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    So they can just leave a wide open access point for some criminal to enter the house, evading all standard locks?
    Obviously they CAN if they already ARE. Have any criminals actually tried to enter the house through the crawl space or are you just expressing the usual hyperbole that posters express in an effort to get support?
    Quote Quoting Aquarius9217
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    I am not thinking there is a habitability issue. It's security and failure to either secure it themselves or allow me to. I don't plan on renewing my lease, but if I were to seal up the crawl space, would I also be running afoul of something?
    Yes. You would be messing with the landlord's property. You knew that the crawl space was there when you moved in.

    Oh, you can do whatever you want to do with the locks and the crawlspace, but not likely without consequences.

    I do suggest you take dated photos of any conditions that you are not happy with and put the landlord on written notice about them and do so repeatedly so he gets the idea that you are laying a paper trail in case you ever have to use it for defense to an eviction or as evidence if you have to do the suing.

  5. #5
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    Default Re: Locking Basement with Breaker Box and Furnace

    If the purpose of the lock is to prevent someone from entering the apartment from the crawlspace then why not request the landlord install a dead bolt lock on the inside. Or replace your lock with a Combo padlock and post the combination on the wall next to the lock.

    Both of these block intruders from entering but do not block the access from the inside.

  6. #6
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    Default Re: Locking Basement with Breaker Box and Furnace

    Quote Quoting Aquarius9217
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    Wisconsin, not New Mexico if that changes anything.

    So they can just leave a wide open access point for some criminal to enter the house, evading all standard locks?

    I am not thinking there is a habitability issue. It's security and failure to either secure it themselves or allow me to. I don't plan on renewing my lease, but if I were to seal up the crawl space, would I also be running afoul of something?
    You might consider a slide bolt rather than a lock. With a slide bolt anyone on your side of the door can open it, but no one on the other side of the door can. That should solve both problems.

  7. #7
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    Default Re: Locking Basement with Breaker Box and Furnace

    If you're in a city or town that conducts housing inspections for rental properties, then you can report the crawlspace / security issue to the housing authorities and ask them to inspect the basement to determine if the landlord must provide better security.

  8. #8

    Default Re: Locking Basement with Breaker Box and Furnace

    The deadbolt is a good idea, I was just concerned my cats would screw with it because they are quite crafty. In hindsight, the odds someone would be trying to access the apartment from the basement on an occasion a cat just happened to unbolt the door would be miniscule, so perhaps that's a good option. The issue from the outside of the house is the design of the porch. What I'm used to seeing is the porch in a normal home is enclosed, so even if there is a crawlspace with access to the outside, you would have to tear out boards to get to it, which is a lot less desirable to a burglar than just kicking in a door or window. So outside addition of some cross beams would also work. I will go ahead and propose each solution.

    To adjusterjack:
    No, no one has attempted entry. You would have to be the worst criminal since those sovereign citizens who went armed into a police station to have a civil discussion to actually attempt to enter the crawlspace and fail. But I have had packages stolen off my porch and there are a lot of loiterers in the area. But I got similar advice from someone else about being insistent about having the crawlspace secured and keep records, so in the event some dangerous animal or thug gained entry through the crawlspace despite my efforts to get this secured then I would have a much better liability claim.

    To oldfartWbeard:
    I have to allow the actual tenant to access the breaker when I'm not home? Or just someone acting on their behalf such as the landlord? I sure as heck am not giving my neighbor free run of my apartment. I don't really like this landlord, but he is still a businessman and has a reputation and assets. I doubt he would do anything other than his duties as a landlord, and at least he would have something to collect if a lawsuit ended up being needed. And then what happens if I tell the upstairs tenant they technically DO have access to the breaker box, they can just use the unsecured crawlspace

    I still am not clear on why the crawlspace is not considered access. What is the legal definition of access in this case? They are able to physically get to the breaker box without the aid of any tools/keys or any exceptional athletic ability by crawling about 8 feet on hands and knees to the gaping hole that leads to the basement.

  9. #9
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    Default Re: Locking Basement with Breaker Box and Furnace

    There is a problem with the electrical panel as it is. All tenants must have access to the breakers that serve their unit. (presuming the area abides by the National Electrical Code which a huge percentage of the US does)

    so, (presusuming the NEC applies) the upstairs tenant would have to have a key to your apartment as well as any lock on the basement door.

    I suspect the House was split illegally

  10. #10

    Default Re: Locking Basement with Breaker Box and Furnace

    According to records I could find online, it says 1900's for the date of the home. The inside wiring was definitely primitive. Every single outlet in the house was ungrounded "two prong" outlets on move-in, except one that was presumably upgraded to accommodate a modern TV setup. I requested upgrade of the outlets, which was declined, but they did authorize me to have a certified electrician do the work out of pocket. I have a friend who has that expertise, and he did the work and commented the one grounded outlet actually came back as a ground fault when tested and had to be redone, and that the wiring was completely amateur and the outlets were relics. The heat and electric are both included in the rent, as oldfartWbeard had discerned. The electrician found the breaker setup to be odd and it took awhile to kill the juice to the outlets of interest.

    I still am curious about the definition of access, regardless of the emerging issues with the property. If I was the upstairs tenant and tripped a breaker, and I had the blessing of the downstairs tenant to crawl into the basement without getting Castle Law'd, I would do it. Also, I would find it ludicrous to try and argue that I didn't have access because I prefer to walk down steps than crawl a little on the ground. There is no risk to life, limb or property by going in there. The breaker is so close to the hole in the wall you wouldn't even have to touch the basement floor to check the switches. I know that it sounds absurd both ways, meaning that if you told a tenant "ok, so to get to your breaker crawl through this tunnel, sit here on this edge and there it is" they would not find that reasonable, but I think it is equally unreasonable to argue that you have NO access whatsoever to the breakers because you CHOSE not to get a little dirt on your jeans and crawl through a hole big enough for a tiger to fit. That's why I'm asking the legal definition of reasonable access because I think too practical and have no idea what terms to search for to find the answer.

    I have absolutely zero intention of trying to push the envelope with the landlord and start a ridiculous passive-aggressive battle with LL and the upstairs tenant. The lock is removed already. I just want to protect my property and person.

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