Our leases state we cannot smoke inside our apartments. My neighbor across the hall does, despite my asking him not to. The landlord has also talked to him. He won't stop and it's drifting into my apartment. I can't move anytime soon and shouldn't have to - he's the one breaking the rules! Can I withhold rent until the landlord makes him stop or evicts him?
Under Wisconsin law, tenants have very limited rights to withhold rent. Generally, those laws authorize rent abatement when there are substantial and necessary repairs and the landlord fails to remedy those repairs. Have you reported your neighbor to the landlord for smoking?
The information provided is meant only as general advice and does not establish attorney-client privilege. To gain a more extensive answer, you may need to consult with an attorney who can review all of the facts of a particular case.
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