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Is my landlord required to fix a pothole in front of my apartment?

Asked by user in Wisconsin.

There is a pothole that is kind of blocking the alley that leads to the driveway. We have to either dodge it or drive over it every time we have to leave the apartment.

Answered by Enjuris Editors:

Unless the landlord-tenant agreement says otherwise, landlords in Wisconsin (as stated in Wisconsin Statute 704.07(2)(a)(1)) are required to: "Keep in a reasonable state of repair portions of the premises over which the landlord maintains control."

Whether or not your landlord is required to fix the pothole at issue depends on 2 things:

(1) Whether the pothole is large enough that it the area is considered to be in an unreasonable state of disrepair, and

(2) Whether or not the pothole is on the landlord's property.

The second factor is the most concerning because the information you provided suggests that the pothole may be on the road instead of on the landlord's property, in which case the town may be responsible for fixing.

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