and the sellers realtor would not respond nor give us a chance to counter offer. This was after the houses listing price was dropped by $25,000. We came to find out that the realtor bought the house for $2,000 more than our offer. Is this legal?
answered on Jul 5, 2020
If it was your realtor who bought the house that would be a violation of their agency duty to you.
If it was the listing agent who bought the property, then that agent may have violated their duty to the seller by not exploring whether you would have been willing to pay more for the property.
Trying to figure out why rent just keeps going up and when will it stop
answered on Jun 24, 2020
Generally a landlord has the right to raise the rent at the end of a lease term. There are some exceptions when the property is enrolled in a government subsidy program.
I'm thinking of putting an offer on a home, but the seller has notified my agent that they will need to rent back the property after closing for 30 days. Is there a standard rent-back form for this situation in Wisconsin or does it require the signing of a short term lease?
answered on Jun 21, 2020
The Wisconsin Realtors Association has a standard form - Addendum O (Occupancy Agreement) . There are a number of variables on that form that affect your rights and risks. You should ask your agent to discuss that form with you. Please note that the form does not address insurance issues -... Read more »
The deed to our family cabin In Wisconsin lists my mom and her deceased brother as tenants in common. He passed away 9 years ago without a will. How do we get his name off the deed?
answered on Jun 15, 2020
You will need to file a Termination of Decedent's Interest with the Register of Deeds for the county in which the property is located.
You may access the form and instructions at the WI Register of Deeds Association website on their forms page which is located at... Read more »
We were aware of the road expansion. Nothing was stated in the condition report. Prior to accepting the counter offer, we were aware no checks have been issued. We were the primary offer for the home and the 1 acre property. 4/22 we went into contract. 5/8 the signed with the Department of... Read more »
answered on Jun 2, 2020
If a Seller has a primary accepted Offer then, generally, they cannot accept another Primary Offer. Generally they could accept a Secondary Offer that is "secondary" to the accepted Primary Offer. There are provisions within the standard offer to purchase forms for Wisconsin that allow... Read more »
She told us when she moved in she would move them and 6 months later it is still here. We rent the home and two car garage and she occupies space with her personal items. Can we move it out or charge her to move it? Or charge her for the space we can’t use.? Also she has not changed her mailing... Read more »
answered on May 29, 2020
Under Wisconsin law, unless the lease has an exception, a tenant has the right to exclusive possession of the premises. So unless your lease allows the storage of personal property by the landlord, then have the right to exclusive possession and you may take your landlord to court to enforce your... Read more »
the mail box has been in place for over a year, no livable accommodations on property,he does not live there, it is in the ROW of road, I am wrong by describing him as a neighbor, he is an estranged brother. His daughter who lives in another state owns adjacent property he does not live nearby and... Read more »
answered on May 20, 2020
Generally the law does not afford an aggrieved party the right to self help. In other words, you may not remove the mailbox. You may go to court and ask for an order requiring the neighbor to remove the box.
He did not leave a will, and only has one sister alive. Can she tell me I have to vacate the property now? Also, is she allowed to come into the house anytime she wants and take things out? As my landlord was also living in the home, how do I prevent her from taking my things?
answered on May 6, 2020
The property is now in the estate of your deceased landlord. Any heir receiving the property will take the property subject to any existing leases. If you are on a month to month lease then your lease may be terminated in accordance with law and proper notice. If your lease is for a longer term,... Read more »
I was unable to get a response from my property manager, so I filed a case with the state. They're willing to pay for damages, but only what they believe things to be worth.
answered on Apr 23, 2020
Generally, a landlord can enter at reasonable times to inspect the premises, make repairs, or show the premises to prospective tenants. The landlord usually must give 12 hours notice before entry, unless immediate entry is necessary to preserve or protect the premises, such as in case of a fire or... Read more »
answered on Apr 17, 2020
Generally, the security deposit may not be used to pay the last month of rent. Doing so may trigger a late payment charge. Given the current pandemic, you might consider contacting the landlord and discussing this option. They may be more lenient and understanding at this time.
I’m wondering if there is anything I can do? I had 36% ownership in a building. The other partners borrowed $1.5M against a paid building without notifying me. I never signed anything on the loan & found out 5 months later from St. MN. The bank loaned the money without an appraisal –... Read more »
answered on Apr 14, 2020
I'd recommend that you post this question to the Business Lawyer section as this matter appears to concern your rights and obligations as a member of the LLC as opposed to real property rights. The attorneys in that section may be better suited to assist you.
He responded that he has been laid off since November, I asked if he will be paying. He is no longer responding.
answered on Apr 10, 2020
Governor Evers’ Emergency Order 15 created a temporary ban on evictions.
Evers’ Order went into effect on March 27, 2020 and continues for 60 days.
1) Landlords are prohibited from serving any notice terminating tenancy for failure to pay rent.
2) Landlords are... Read more »
answered on Apr 7, 2020
Generally, any Addendum to a lease is enforceable if the Addendum is properly made part of the lease, properly executed by the Parties and does not contain a provision prohibited by existing law.
I moved out end of June 2019. I got my security deposited back within the 21 days as expected. I just got an invoice dated April 2nd 2020 for cleaning that supposedly happened on June 30th 2019. It doesnt included a receipt or anything proving they brought in the cleaner either. Can they still... Read more »
answered on Apr 3, 2020
Arguably a landlord may return the security deposit in full and then seek contract damages. This makes some sense for the landlord because if the tenant challenges a security deposit violation then the landlord can be on the hook for double damages and tenant's attorney fees. In this case, if... Read more »
answered on Apr 1, 2020
Generally a landlord is not liable for noise caused by a tenant unless the complaining party is another tenant in the same complex who is being denied quiet enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.
answered on Apr 1, 2020
Generally a landlord is not liable for noise caused by a tenant unless the complaining party is another tenant in the same complex who is being denied quite enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.
I am looking to break my lease in Wisconsin but my landlord is saying that my only option is to sublease and that I cannot break my lease
answered on Mar 31, 2020
A tenant may choose to break the lease. The landlord is then under a duty to mitigate damages - essentially to try to re-rent the unit. The tenant may then be held liable for the months in which no rent was collected from the tenant or the new tenant, the difference between the new tenant's... Read more »
I never moved in, I called to cancel it before my moving date. But they said I'm liable to pay the rent until someone re-rents. But they rented two same units, same price, and same style, not mine. What happens if I stop making payments?
Thanks in advance
answered on Mar 30, 2020
Assuming that the lease is enforceable, which may only be determined after review by a qualified attorney, you may be liable for the full contract amount. The landlord is under a duty to mitigate damages and to work to re-rent the unit. That duty does not necessarily mean that the landlord has to... Read more »
answered on Mar 29, 2020
Your rights and obligations under the contract can only be determined after reviewing the entire offer. Generally, a buyer may only use a valid contingency to terminate an offer. Simply deciding that the market conditions are no longer ideal to move forward is not typically a valid reason to... Read more »
answered on Mar 17, 2020
Once your lease is up you are supposed to leave but if you do not, then you become a holdover tenant. Normally a landlord could seek to evict you but this is a very unusual moment in time. At present, it would be difficult or impossible for a landlord to evict a tenant. For instance, in Dane... Read more »
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