In Wisconsin, if your lease contains a clause prohibited by law, then the entire lease can be thrown out. Sometimes this can happen by mistake or being unaware of a change in the law or recent ruling.

I'm thinking of putting a clause in my lease that says, "if any portion of this lease is found to be prohibited by current law, it will be stricken and the remainder of the lease is to remain in full force."

This type of clause appears in many contracts other than leases. Do any of you have this clause in your lease? Have any of you had to test this in court? If so, has it held up? Any thoughts welcome. In the process of adding to my lease, thanks to all the new information I've been learning here and changing times we are in.

I added this language to my leases years ago. However, I've never had it tested to date. My logic is put it in there and if a judge throws it out, they throw it out. Then, depending on the judge and the state, the whole lease may then thrown out.

So if that happens, then what? I would guess that the basic landlord/tenant rules outlined by the state would apply. Those are available on the govt website. They are pretty evenly balanced and anyway, if the judge does not like your lease, they can just ignore it.

You could put in a clause that if the lease in it's entirety is thrown out, the state approved lease will then be in effect.

Virtually every tenant that I've had to evict or had trouble with, it was for non payment along with whatever other thing they did.

Also, I have a nice "do's and don'ts" list of things that I allow or not. There are ways to put pressure on tenants, but by far the best thing is really good screening.

Ray is correct that severability clauses are common. My lease has one, but it has never been tested in court. I think that this is an essential clause in a lease.

I use this clause: "If any portion of this Agreement is held to be invalid, because of printing errors, changes in rental laws, or errors in quoting the law, its invalidity will not affect the validity or enforceability of any other provision of this Agreement."

I like that clause Sorta Blonde! Thank you!

I have always had that, thought it was standard nationwide. I have:

No waiver, illegality

Landlord’s acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord’s rights. If

a Term in this Lease is illegal, the rest of this lease remains in full force.

Dee Ann,

You have a case of "Wimpy Lease-itis". That clause is beginner basic and should be part of ANY lease.

My guess is there are many other clauses lacking from your lease that SHOULD be there to protect you and your investment.

My lease is 30 pages - to protect me.

Sorta Blonde: Why limit the reasons with the "because" portion of that? What if a judge determines that part of it was invalid because of something other than those things? Why not just cut that part out:

"If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement."

I'm not sure why you'd want to limit the scope of that clause?

- John...

Yes Brad! Apparently the Apartment Association attorney I paid dearly years ago to review my lease and advise was not up to par. I went to him because he knew the judges and what I'd be up against if I ever had to go to court with the lease I had. I feel fortunate that in 37ish years of being a landlady, I never had to evict or go to court.

Yes, Busy, good communication. Was hoping to hear your input as you are in Wisconsin. We're small time too, but it's allowed me to work as my own boss, use the talents I have, and continue to learn skills.

I have several properties in WI, and this is what we have in our lease. We have been to court (not about this clause specifically), but for eviction. No mention was made of this. It's from an attorney, but a few years ago.

If any provision of this Agreement or the application thereof is held to be invalid for any reason and to any extent, its invalidity will not affect the validity or enforceability of any other provision of this Agreement, but instead shall be enforced to the maximum extent permitted by law.