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Questions Answered by Jason Anthony Greller
1 Answer | Asked in Civil Rights and Landlord - Tenant for Wisconsin on
Q: My landlord passed on the 3rd and her daughter want the house told us we have thirty days to move out I need advice
Jason Anthony Greller
Jason Anthony Greller
answered on Jul 7, 2019

If you have a written lease for a term you may certainly stay through the term of the lease. If you are on a month to month lease, then the landlord may terminate the tenancy with 28 days of notice before the start of the next rental period. So if your month to month tenancy starts on the first of... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My landlord wants to charge me late fee plus $5 a day for everyday it's passed the 5th. Is the $5 a day legal?
Jason Anthony Greller
Jason Anthony Greller
answered on Jun 12, 2019

A landlord can only charge a late fee if it is specifically authorized in the rental agreement. There is no statute, regulation or Wisconsin case that addresses the maximum amount that can be charged for a late fee. Some courts disfavor the use of a daily late fee and have found them to be... View More

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Home listing -The owner is deceased and the agent says the “kids told him they have right to sell” How do we verify.
Jason Anthony Greller
Jason Anthony Greller
answered on Jun 11, 2019

Eventually the title company will insure that the sellers have the right to sell. In the interim, you could ask if they have an order from the probate court making one of the children the personal representative of the estate.

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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My landlord claims it is not her responsibility to ensure the apartment can maintain a comfortable living temperature.

Wis. Stat. ch. 704 and ch. 799, Wis. Admin. Code § ATCP 134 states that the apartment should be able to maintain a temperature of at least 67 degrees. My landlord says that it is my responsibility to keep the temperature at that level. I believe that it is her responsibility.

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

Yes. A landlord on a residential lease in Wisconsin has a duty to ensure that the premises has adequate heating. If the system needs to be repaired it is also the landlord's duty maintain and repair the system.

See:

704.07  Repairs; untenantability.

(1) ...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have an easement driveway to my property, who is responsible for trimming tree branches?

The trees aren't mine or on my property. Tree branches are hanging over the driveway and brushing on vehicles entering & leaving my property.

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

Generally, easements indicate responsibility for maintaining the road. Arguably, tree trimming should be a part of maintaining the road an access. Check the easement language to see how maintenance responsibilities are handled.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If a city gets a judgement on a Raise or Repair order,is it legal if they did not include the lein holder?
Jason Anthony Greller
Jason Anthony Greller
answered on Jun 7, 2019

Generally, a municipality does not have to name a lien holder of a property when seeking a judgement relating to delinquencies unless they are seeking a foreclosure based on a failure to pay real estate taxes.

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Q: Which WI statute protects home buyers from undisclosed issues in the condition report of their home?

The seller of my home knew of diseased trees (received a bid for multiple thousands of $$) and did not disclose them on the condition report. I'd like to read the exact real estate legislation that I'm protected by.

Jason Anthony Greller
Jason Anthony Greller
answered on Jun 3, 2019

Take a look at Section 100.18

100.18  Fraudulent representations.

(1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities,...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: How do I find the text from peterson v. feyeresien? It was printed in Wisconsin Reports 203 1930.
Jason Anthony Greller
Jason Anthony Greller
answered on May 31, 2019

I'm pretty sure that cases this old are not freely available online. You can access them with a subscription. Alternatively, you can visit your County Courthouse which usually maintains a library. If in Madison, you can visit the State Law Library or the University of Wisconsin Law School. In... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I want to serve a Wisconsin 28 day notice to terminate tenancy. How is a 28 day notice counted?

I want to serve the 28 day notice for June. How are the days counted? Do I have to serve on June 2nd to allow at least 28 days before the end of the rental period? If served on June 2nd, is it true that the 28th day (June 30) cannot fall on Sunday?

I am the landlord. Tenancy is... View More

Jason Anthony Greller
Jason Anthony Greller
answered on May 31, 2019

Yes, you would have to serve the notice on June 2nd. There is no restriction on the 28th day falling on a Sunday.

Section 704.19 Wis Stats outlines the rules relating to 28 day notices terminating periodic tenancies.

Please make note of the provisions of Section 704.19 (7) which...
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2 Answers | Asked in Contracts and Real Estate Law for Wisconsin on
Q: The Seller is trying to change contract on purchase of home when a contract was signed and offer accepted?

I signed contract and offer was accepted for 1,000 over asking price plus 4,000 closing costs. initial closing was scheduled for june 28. Now they changed the closing to july, 20th without my approval. I paid for inspection and inspector says windows need to be replaced for the loan to go through.... View More

Jason Anthony Greller
Jason Anthony Greller
answered on May 30, 2019

It is impossible to answer a contract question without reading the contract. That being said, generally neither party may unilaterally change the terms of the offer. In the present case, if your lender will not fund the closing without the window replacement, then the terms of the contract may... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Wisconsin on
Q: We recently were going to purchase my recently passed dads home. We had it all set and 5 days before closing my

Husband changed his mind. Now the estates lawyer is coming after my husband for breach of contract. Can he do that ? Or force us to purchase

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

Assuming that you have no contingencies remaining in the offer that you could exercise in good faith, then a failure to close on the part of the Buyer is a default. Assuming this is a standard WI WB-11 Offer to Purchase form, if Buyer defaults, Seller may:

(1) sue for specific performance...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can you require a tenant to leave premesis for a showing when the rented home is for sale? They are always 24hr notice.

We are selling our SFH that is currently under lease. The contract has provisions that allow us to sell at any time and give tenants a 60 day notice to vacate upon entering purchase agreement.

We are having difficulties with our tenant demanding she stay at the home durng showings;... View More

Jason Anthony Greller
Jason Anthony Greller
answered on May 23, 2019

The answer to any lease question often depends on the terms of the specific lease. Generally, tenants are entitled to possession of the premises and the right to "quiet enjoyment" of the premises. Generally, landlords retain the right to enter the premises upon notice and that may... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Any legal options when a house is sold to another for much less than I offered? This was four months apart.

I made an offer on a foreclosed home in November of 2018. The bank counter offered, then I counter offered. The bank refused that offer and pulled the home off the market. I recently discovered that the home was sold in February 2019 for $20,000 less than my initial offer. I am quite upset by this... View More

Jason Anthony Greller
Jason Anthony Greller
answered on May 13, 2019

Generally you would not have a claim against the bank unless you believe that the bank violated federal fair housing law by discriminating against you for a prohibited reason such as your age, race, religion or family status.

2 Answers | Asked in Real Estate Law and Banking for Wisconsin on
Q: What rights does the seller's bank have in a short sale and can they make their own terms that go outside a written cont

We just closed on a house on April 26th and the seller's bank 2 hours before closing told us we needed to pay an outstanding lien or they would walk. Our closing disclosure 3 days before never said anything about paying this additional 1874.75 fee. Can we go back to the bank to get our money back?

Jason Anthony Greller
Jason Anthony Greller
answered on May 6, 2019

In a short sale the seller's bank has significant leverage. Essentially, they can dictate terms to release their lien and those terms may go beyond the agreement between the buyer and seller. Your question does not provide information on the type of lien the bank wanted satisfied or why they... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Hello I am looking for a lawyer who is familiar with real estate partitioning in Qzaukee county.
Jason Anthony Greller
Jason Anthony Greller
answered on May 2, 2019

You might try the law firm of Levy & Levy - a link to their website follows: http://levyandlevy.com/index.shtml

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is an email a binding contract or commitment to purchase in terms of real estate?

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... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Apr 30, 2019

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... View More

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Contracts for Wisconsin on
Q: My landlord wants me to pay for professional carpet cleaning, despite not clarified in lease agreement. What do I do?

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... View More

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

Both are true. Landlords cannot deduct this cost from security deposits and may seek to recover the costs through billing or an action to recover the cost.

Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear &...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can my landlord charge me for carpet cleaning? What about replacement if the carpet is 10 years or older?

I am currently under the impression that due to Act 10 in 2011, there is a provision that specifically prohibits these types of charges, however, I've been unable to find it while searching.

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

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... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I own a duplex and live in one side. My tenants are not paying their utilities bill. What can I do?

The lease my tenants signed indicates that they have to pay for utilities and cable. We are located in Wisconsin.

Jason Anthony Greller
Jason Anthony Greller
answered on Mar 18, 2019

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... View More

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Signed 1 year lease. 3 months later property is sold to new landowner who now wants a new lease signed. Is this legal?

The new lease has many things changed.

Jason Anthony Greller
Jason Anthony Greller
answered on Feb 6, 2019

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... View More

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