Violation of Lease by Landlord? A Code Violation in Wisconsin?

Our lease states...

Quote: "The premises and the building of which they are a part are NOT currently cited for uncorrected building or housing code violationsunless a copy of any such notices of uncorrected code violations are attached to this agreement. The Premises do NOT contain any of the following conditions adversely affecting habitability unless listed under SpecialConditions: No hot and cold running water, no operating plumbing or sewage disposal facilities, unsafe or inadequate heating facilities, no electrical service, unsafe electrical system, or substantially hazardous structural or other conditions."

The issue is that we do not have the circuit breaker on the bathroom outlet that helps prevent electrocution. I am pretty sure this is a code violation in Wisconsin. If this is a violation wouldn't this go against the lease and if it does do I have a right to terminate the lease based on signing it with under false pretenses?

Thanks!!!

You indeed can terminate the lease for material health and safety violations.

My bathroom doesn't have one either but the main bathroom in the house does and its connected to it. Check it out before breaking lease. You can probably check by pushing the TEST button on the one that does(if it does) and see if you get power in the outlet in the one that doesn't.

[OHlandlord]

"You indeed can terminate the lease for material health and safety violations."

Slow down. That's not necessarily true. You are talking about a GFCI (ground fault circuit interruptor). It may also be known as a GFI. It is a devise that allows the outlet to be shut off instantly when water or a short threatens the circuit. First, it does not have to be on the outlet itself. In many places, the entire circuit is protected by a GFI breaker in the circuit breaker box. This works exactly the same way as a single GFCI outlet, but protects a number of outlets and switches on the entire circuit. There should have been a sticker on the outlet to say this, but those stickers don't stay on very well in a bathroom or kitchen. Check your breaker box for a breaker that has a test button on it. It may be there. If so, the bathroom is protected, just in a different way. But it works exactly the same.

Second, while this is current code, the outlet must be within 3 feet of a water source. If it is farther than 3' it does not have to be protected, although I like them to be protected anyways. How far from the faucet is it? Take a yardstick and measure.

Finally, not all houses have to meet curent code. You need to check local and state law to see if it must meet this new code. Many times older houses are "grandfathered" under the old laws. They are not required to meet new codes until a major remodel is done. If this is an older house and has not been electrically remodelled recently, it could be allowed to NOT meet the new code, but to MEET the older code under which the house was built. If this is the case, the LL's form is correct. The house meets the building codes which it is under.

An example of this: I bought a house built in 1900. It had old knob & tube wiring and knife switches instead of circuit breakers. New building code requires circuit breakers, GFCIs, and insulated, grounded copper wire. But since this house had been built before that new code was enacted, and since the house had not been remodelled since 1920, it did not have to meet the new code. It had been grandfathered under the old building code. It was perfectly legal to have that type of wiring in the house. Now I HAD to change it as soon as I started remodelling the house by doing any electrical work. I had to change out the old wiring (which I had planned to do as soon as I inspected the house). But it was perfectly legal for me to do nothing to the house but some paint and rent it out as it was. (I just wanted it to be updated so I could replace lighting, install new appliances, etc.)

So check these things before you can determine if it really is unprotected or if it is in violation of code. Then if you find out it is incorrect, send a written letter to the LL telling him you want this changed to a GFCI outlet. Send the letter to him by certified mail, return receipt requested, and keep a copy for yourself. If he does not respond or correct ths within 30 days, then you can attempt to take the next step.
You could aslo offer to have it done for the LL, and subtract the amount from the rent and send him a copy of the reciept. A GFCI costs less than $15 and any electrician or good handiman can put one in quickly. Wisconsin does not have a statute that allows you to repair and deduct on your own, but the LL may allow you to do this. You could also call the buidling or code inspector if he fails to correct this within 30 days. If it is incorect, the inspector will cite the LL and make him change it. But you must allow him time to correct first. (If you fail to allow him time to correct it first, you lose your right to later bring this up in court.) The lack of one GFCI outlet would probably not be enough to declare a material and safety violation and break a lease.

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