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  1. #1
    Join Date
    Sep 2009
    Posts
    7

    Default Breaking the Lease Early and Utilities

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

    I am breaking my lease early with my landlord. I called today and had the utilities taken out of my name. Until someone else moves into the unit, there should be no reason that the gas, electricity, etc. should need to be used so he isn't going to suffer any economic damages as a result of me taking it out of my name (he doesn't need to have the A/C running while no one is living there).

    Is this OK?

  2. #2
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Breaking the Lease Early and Utilities

    Your are responsible for rent and any damages to the property for the duration of the lease or until a new tenant is found.

    Should it suddenly get very cold in your state and the pipes freeze/bust, you will be responsible for the repair.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Breaking the Lease Early and Utilities

    I disagree. Once the landlord is aware that the tenant has vacated the premises, the landlord has a duty to mitigate his damages. If the landlord knows or reasonably should figure out that the utilities are being shut off, that includes restoring or continuing utilities in his own name until a new tenant takes them over.

    I think a landlord can be expected to figure out that a tenant would shut off utilities after vacating the premises, although the tenant would be best served by playing it safe and expressly notifying the landlord of the shutoff.

    If you are aware of any case in any state where a landlord successfully made a claim against a tenant because he chose to leave the gas or electrical service off after the tenant vacated, I'm not aware of any state that would award him damages. Did you have a particular statute or court opinion in mind?

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