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Questions Answered by Jason Anthony Greller
1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: In Wisconsin can a landlord ask for more security deposit after living there 10 plus years
Jason Anthony Greller
Jason Anthony Greller answered on Mar 7, 2020

Assuming the term of your lease is ending, then the landlord may change the terms in the new lease including increasing the amount of the security deposit, increasing monthly rent or both.

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: My lease expires Feb 28th this year I gave my notice Feb 11th that I would be out march 25th but they are saying I will

Be responsible for April's rent I was paying 570 and they upped it to 645 this month so I thought that being month to month you only had to give 30 days notice ?plz help me

Jason Anthony Greller
Jason Anthony Greller answered on Mar 5, 2020

For a month to month lease you have to give 28 days notice before the beginning of the next rental period unless the lease has a different notice provision. See Section 704.19 below:

704.19  Notice necessary to terminate periodic tenancies and tenancies at will.

704.19(1)(1) ...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am not on the title of our property even both me and my husband has signed the purchase contract as buyers.

I have just found out I am not on the title of our property and the warranty deed was transfered only to my husband, even both my and my husbands name are on the purchase contract as buyers and both me and my husband has signed all the purchase documents. The mortgage is only on my husbands name... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Feb 29, 2020

I can only speculate as to why you were not included on the title though I suspect it has to do with the loan though there would have been a way to include you on the title and the mortgage and not on the underlying note. Regardless, you are now in the position where you are not on the title. The... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Water sprinkler activated in bedroom 1/31/2020

The water sprinkler system in my apartment activated and the apartment building is stating I am being held responsible for the damages that was caused to my unit and the unit downstairs. I have not been at the unit due to it being inhabitable to live in. I just so happen to go over to the apartment... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Feb 26, 2020

If the sprinkler was activated due to a tenant's or a guest of tenant's negligence, then the tenant may be responsible for the damage to the property. If the sprinkler malfunctioned then the landlord may be solely responsible. Generally, these systems are inspected by local fire... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord/realty company refuse to rent to someone because of a vacated judgement
Jason Anthony Greller
Jason Anthony Greller answered on Feb 25, 2020

It is not discriminatory in Wisconsin for a landlord to refuse to rent to an applicant based on factors that are not protected under federal, state or municipal law, even if the applicant is a member of a protected class. If the judgement is a vacated criminal conviction then the landlord may be... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I inherited a one third share of some property when my dad passed away and would like to sell.

I've contacted the other owners asking them to purchase my share. I've gotten no response. What are my options?

Jason Anthony Greller
Jason Anthony Greller answered on Feb 25, 2020

Your options are:

1) one or both of the other owners agree to purchase your interest;

2) all the owners agree to sell the property;

3) you find an outside party willing to purchase your 1/3 interest in the property;

4) you commence an action in partition asking for...
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1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Purchasing in Wisconsin- Seller accepted offer to bump our offer

Seller accepted offer to bump our offer, which gives us 72 hrs to remove our contingencies per the original accepted offer. We have removed our contingencies and sent back this information, seller refusing to acknowledge although seller's agent has acknowledged. We have met all of the agreed... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Feb 22, 2020

Assuming the offer provided that the bump clause could be waived by the buyer within the 72 hours and assuming that you provided the proper and timely notice of waiver along with any required supporting documentation per the terms of the offer, then you could enforce the offer. If seller will not... Read more »

2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Wisconsin on
Q: Who's responsible for the repairs after a home has been closed? How many days do you have to cancel the sale of a home ?
Jason Anthony Greller
Jason Anthony Greller answered on Feb 22, 2020

In WIsconsin a seller's duty to maintain and repair the property ends upon the closing of the transaction unless there is a separate agreement to the contrary. There is no statutory authority allowing you to cancel the sale of the home. In the event that the seller made misrepresentations on... Read more »

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3 Answers | Asked in Real Estate Law for Wisconsin on
Q: Do attorneys have to keep your files for a certain amount of time? What if they had something they never gave you?

Our attorney received a title in 2007 directly from another attorney and never gave it to us. He now says he no longer has the file.

Jason Anthony Greller
Jason Anthony Greller answered on Jan 15, 2020

Most attorneys maintain most types of files for six years. Some matters, such as wills and trusts, should be maintained indefinitely. Attorneys also have a duty to safeguard client property and clients have a right to their file and their property.

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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord charger you a months rentfor your duplex not being move in ready with it just being normal wear and tear?

I took pictures and video on the last day and nothing was damaged just normal wear and tear. I had to pay double security deposit. My landlord was showing my unit before I even moved out and now the landlord is saying the unit smelled of dogs and the carpet was dirty and was not move in ready so... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Nov 24, 2019

Wis. Admin Code § ATCP 134.06(3)(c) states that a landlord cannot withhold from a tenant's security deposit for normal "wear & tear." Unfortunately, "wear and tear" has never been defined. I note the deduction of $950 for not being "move in ready." That... Read more »

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Can you transfer your half ownership in a house to the other half owner with a quit claim deed or a title transfer?

In-laws put home in life estate to two sons about 10 years ago. Mom has passed, dad has been in nursing home for a year and will never be able to live on his own again. Husband wants to sell his half of the home to his brother. We need the easiest way to do this, without a realtor if possible.

Jason Anthony Greller
Jason Anthony Greller answered on Oct 15, 2019

Yes, you may transfer an interest with a quit claim deed although that might not be the safest way to handle this matter.

Anytime someone is paying money for an interest in property they are well advised to obtain a Warranty Deed and a title insurance policy - even in transactions between...
Read more »

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is a title company required to provide copies of the signed closing documents to the seller?

We closed on the sale of our home but we never received any copies of the documents we signed at closing. The title company is ignoring our request. Can they do that?

Jason Anthony Greller
Jason Anthony Greller answered on Oct 10, 2019

I've never heard of a title company not providing copies of signed documents to the Seller. You are entitled to a copy of every document that you signed. You are not entitled to a copy of loan documents signed by Buyer.

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Am I obligated to purchase a property if it fails sewer and well inspection even if they agree to fix it?

The down payment has been made and the sale was contingent on sewer and well, and we no longer want it

Jason Anthony Greller
Jason Anthony Greller answered on Sep 22, 2019

The answer to any contract question requires a review of the contract.

Assuming that well and septic contingencies are included in the offer then your rights are set forth under the contingencies. If the contingencies grant the Seller the "right to cure", then the Seller may cure...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a late fee be assessed on rent prior to 5 day grace period in Wisconsin?
Jason Anthony Greller
Jason Anthony Greller answered on Sep 17, 2019

There is no statute, regulation or Wisconsin case that prevents a landlord from charging a tenant a late fee for failure to pay rent on time.

A landlord can only charge a late fee if it is specifically authorized in the rental agreement. See Wis Admin Code § ATCP 134.09(8).

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Is it legal for my landlord to be forcing us to pay two different utility companies? We were only told about electric

When my fiancé and I moved into our apartment in October we were told we only had to pay electric. Fast forward to December and we get another utility company bill demanding we pay for sewer, gas (I have a boiler in my basement), and water. We were never told about it and now we are getting... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Aug 28, 2019

Landlord-tenant relations in Wisconsin are regulated by Wis. Stat. ch. 704, and Wis. Adm. Code ch. ATCP 134.

Utility charges (ATCP 134.04(3))

Landlords often require tenants to pay the utility

charges separate from the rent. Before deciding

to rent a specific unit,...
Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Roommate and Electric Bill Question

If a roommate is still on the lease and moves out a month early, are they still required to pay for their portion of the electric bill even if they were not living there for that month? The roommate claims that because they were not physically living in the house for that month and not using... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Aug 10, 2019

The departing tenant seems to equate use of the premises and utilities with responsibility for payment but a party's liability is based on their contractual agreement to be bound by the terms of the lease regardless of use. If the lease requires the tenants to be responsible for utilities then... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My brother died on July 5th.His landlord started throwing his personal property outside Aug 3rd.neighbor helped move it!

She allowed the neighbor to help and he moved in! There is still his property inside the apartment! She wont let us go in!

Jason Anthony Greller
Jason Anthony Greller answered on Aug 7, 2019

Landlord is jumping the gun in terminating the tenancy. See Section 704.165. Disposing of property depends on the lease agreement and whether the landlord gave notice to tenant at the signing of the lease of the intent to dispose of abandoned property. Generally the Landlord should grant next of... Read more »

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Can a WI Realtor force a seller to purchase title ins for new owner? Why can’t new owner purchase their own title ins?

Are the Realtor and/or WI Title Comp supposed to inform seller with details of all closing costs? In my case, my specific closing cost questions weren’t answered.

Jason Anthony Greller
Jason Anthony Greller answered on Jul 10, 2019

Your obligation to provide title insurance to the Buyer comes from a standard provision in the Offer to Purchase requiring Seller to provide evidence of title to the Buyer in the form of a title insurance policy. If you were working with a listing agent I agree that it seems reasonable to expect... Read more »

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1 Answer | Asked in Real Estate Law and Municipal Law for Wisconsin on
Q: Can I make the village replace my driveway from years of their snowplows turning around on it.

Even after asking them to stop they still kept turning around on my driveway. I waited as long as I could, and now it's destroyed. I want to know my rights before I go and meet with them.

Jason Anthony Greller
Jason Anthony Greller answered on Jul 9, 2019

You may be able to seek a remedy if you are able to prove that the damage was caused almost entirely from the plows and no other use or condition. That seems like a pretty high burden of proof.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: A family member living as a guest proclaimed she was going to stay a until invicted.

(evicted sorry didn't get much sleep to this drama) , but then she moved out all her stuff but a bed later that day and returned her key. Is she legally moved out? She never paid rent, no lease agreement or anything. Can I change the locks? she has invited numerous suspicious people into the... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Jul 8, 2019

Sounds like the family member was a tenant at will - which is a tenancy that may be created by a party in possession of the property even if they don't pay rent. But it also sounds like the tenant terminated the tenancy when she moved out the property, turned in the keys and surrendered... Read more »

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