We wanted to purchase a small portion of an empty lot next to our house. The contractor agreed on a price with us and then nothing happened for two years. The contractor did a survey recently - not based on the portion of land we wanted to purchase. We resurrected the idea of purchasing again... Read more »
Agreements to purchase real property in Wisconsin must conform to the requirements of Section 706.02 of the Wisconsin Statutes. That section sets forth the formal requisites for a sales contract or conveyance. Section 706.02(d) requires that the agreement be signed by all parties so email messages...Read more »
My landlord just sent us a letter saying that we need to have a carpets professionally cleaned before moving out. However, the lease does not mention the house needing to be professionally cleaned whatsoever. The most it mentions regarding carpets is that it should be "cleaned". And before I signed... Read more »
Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a tenant's security deposit...Read more »
If the lease specifies that the tenant is responsible for the payment of utilities, then their failure to pay the utilities is a breach of the lease. Depending on the lease type, you could then deliver to them a Notice to cure their breach. If they failed to cure, within the allotted time, then you...Read more »
Generally, the lease from the prior owner is assigned to the new owner. The old lease remains in force through its original term. The new landlord may seek to obtain a new lease to replace the old lease but you do not have to agree to the terms. Of course, the landlord might choose to not renew...Read more »
Generally transfers between an LLC and the sole member of the LLC are exempt from the Wisconsin Real Estate Transfer Fee. Section 77.25 (15s) of the Wisconsin Statutes governs and states that the transfer fee does not apply to a conveyance ....... Between a limited liability company and one or...Read more »
Assuming the easement was originally recorded, the answer depends on the easement. If the easement "run with the land," then the easement binds the heirs and successors of the individual parcel owners. In other words, the easement continues to be binding without re-recording. If, on the other hand,...Read more »
I am a commercial property owner and we have ingress/egress easement with neighbor to let them use an area within our property for ingress/egress. There are unofficial parking spaces in that area which have no impact on their ingress/egress. The city wouldn't allow me to use the parking space as... Read more »
The answer will depend on the language of the easement. Generally, easements for ingress/egress prohibit either party from blocking any portion of the easement area,regardless of whether or not the parking blocks actual access. The underlying argument is that neither the dominant or subservient...Read more »
Statutes of limitations vary based on the type of claim. In Wisconsin, there is a 6 year statute of limitations on commencing contract actions. If the creditor took a judgment, then that judgment becomes a lien on the property of the defendant for a period of 10 years. Even though the lien on...Read more »
Person has deed and abstract to house- without permission. They are not related or family. They are telling people they are getting the house. Children living did not okay this. Home owner has been deceased for 8 years. What can we do to make sure this doesn’t happen?
The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it could...Read more »
I moved out of this house in August 17, 2018. It wasn't until today in court November 27, 2018 where the court found him (the defendent) to pay back my deposit and prorated rent. This included expenses I occurred during this time in August. In my narrative statement. I also requested $3000 in... Read more »
Landlord has a certain amount of time to appeal the judgment. Assuming he does not appeal you may then try to collect on the judgment. The Wisconsin Court System publishes a pamphlet on the Basic Steps in Collecting on a Judgment for Money. A link to that overview is located at...Read more »
Roommate gives partner, not related or married, money via checks, that partner uses, along with partners money, to build a house. Checks were made out to partner and no promissory note or repayment plan agreed to.
Roommate moves out of the house they built but now wants partner to give back... Read more »
It is not uncommon for people to argue about whether money was given in exchange for a promise to repay or whether the money was given as a gift. A promise to repay does not have to be in writing so this becomes an issue of fact to determine at trial (assuming a contesting proceeding ensues)....Read more »
The Real Estate Condition Report asks whether the Seller made improvements without required permits during that Seller's period of ownership. If the Seller did not disclose this to the Buyer then the Buyer may choose to terminate the Offer prior to closing. If the Buyer discovers this after closing...Read more »
The apartment manager scheduled for pest control to do a heat treatment for bed bugs in my apartment. And I was told I needed to be out of my apartment early that morning. I took with me my plants and medication with me so they would not be damaged. I was not told that there were other things that... Read more »
Arguably the apartment manager could be liable for theft of property caused by their failure to secure your apartment after gaining access. However, it is pretty difficult to prove the loss of cash. Perhaps you can reach an agreement with the manager for a rent credit.
This after the realtor stated all was good with the well. The seller is pursuing their right to cure and I am told I must close on Oct 31st no matter what. I don't feel this is right. What are my options
Assuming that you have a well water testing contingency and you properly and timely objected to a well water test - and assuming that the Seller has a right to cure, then Seller may timely and properly exercise Seller's right to cure. However, Seller would be required to cure prior to closing....Read more »
After living in this house for two years and finally moving, my landlord kept most of my security deposit for not paying the sewer bill that we never received nor knew we were supposed to be responsible for. It was not on our lease however we did agree to pay for water every three months. Are we... Read more »
There are a couple of issues here. Responsibility for utilities needs to be spelled out in the lease. Depending on the locality, it may be common to refer to water and sewer as parts of the same whole - particularly if they are billed together on the same invoice by the municipality. If this is the...Read more »
In short you may have to treat your girlfriend as what we call "a tenant at will." This effectively puts you in the position of the "Landlord" seeking to end your "agreement" with you girlfriend. The Tenant Resource Center has a great post on this subject and rather than running through the points...Read more »
Standard disclosure, C12 said no damage to foundation, never mentioned any wet carpets to us. 3 weeks prior there were huge storms the day after inspection was done. What rights do I have. I have 2 quotes from mason pros of $5,000 and $7,500. They need to rip out the finished basement to do the... Read more »
This has been a tough year for water damage. If you can prove that the Seller knew about prior problems then you have a strong claim. Most of these claims should be brought within the first two years to preserve your various statutes of limitations. I recommend you contact Atty John Laubmeier in...Read more »
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