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?
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?
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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.
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 »
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 »
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.
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.
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?
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.