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Questions Answered by Sarah Lynn Ruffi
1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Wisconsin Lease termination question

On 1/31/18 my mother signed a lease for an apartment that begins on 4/1/18. She has since decided to move in to an assisted senior residence, though it is not out of medical necessity. Is there any way to terminate the lease prior to 4/1/18 without penalty? They are trying to say that she will be... Read more »

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

Assuming that your mother is competent to sign the lease, she likely has an enforceable contract. However, the landlord has a duty to mitigate its damages, which means that the landlord is responsible to use reasonable efforts to find a new tenant.

1 Answer | Asked in Contracts and Landlord - Tenant for Wisconsin on
Q: I signed a lease but the copy my landlord gave me does not have my signature on it. Is this lease still valid?

I’m wondering if it is legally binding being that my copy doesn’t have my signature on it.

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

If you signed a Lease and the landlord gave you a copy of the same document, you most likely have a valid lease.

1 Answer | Asked in Small Claims and Collections for Wisconsin on
Q: Judgement paid in full need satisfaction letter. Who do I contact?

Paid judgement in full. Need to file with the courts to purchase a house. Who do I call to get satisfaction of judgement?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

You should contact the creditor.

1 Answer | Asked in Collections for Wisconsin on
Q: In a medical practice, if I have patients sign a billing policy indicating these details, can I then charge them

Them , should they go to collection, the collection fee I would be charged, in addition to their paying the bill owed?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

It depends what details are included in your billing policy. Presumably, your patients would be individual so the transactions would be covered by the Wisconsin Consumer Law, which imposes limits on what a consumer can be charged. For example, you cannot charge reasonable attorney fees to collect... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Probate for Wisconsin on
Q: My stepfather died I hv power of attorney. Want to sell his van but has lean on it frm quick title loan. Do we hv to pay

This is in state of wisconsin. Need to sell van. But can not get clean title to van do we need to pay this off first. Or was this his debt?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

The loan was your stepfather's debt, which must be paid using your stepfather's assets (i.e. the van). Since your stepfather passed away, your power of attorney is no longer valid. You probably need to file a probate and obtain Domiciliary Letters to deal with the Quick Title loan.

1 Answer | Asked in Business Law, Collections and Employment Law for Wisconsin on
Q: I have a note against the company I work for. I loaned the company money. How can I collect the money?
Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

It depends on the actual language of the note.

1 Answer | Asked in Contracts and Business Law for Wisconsin on
Q: What consitutes a valid verbal contract between a business and a potential customer?

In Sept, we got a rough estimate from a local tree trimmer to remove 3 branches from a tree overhanging our home. He was too busy for such work at the time. We agreed to wait until he was free, then we would revisit the estimate and specify the specific work we were looking at. 5 months later,... Read more »

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

Based on your facts, it does not seem that you had a contract. A contract requires a meeting of the minds (i.e. exactly what work would be done, when and the cost). As I understand your situation, you wanted 3 limbs removed, which did not include one containing a woodpecker nest. You asked to... Read more »

2 Answers | Asked in Real Estate Law and Stockbroker Fraud for Wisconsin on
Q: What do I do if sellar won't sign release of contract for home inspection failure?

Put In and had offer accepted. Walked through house again and found growths in closet ceiling and leaks in garage roof. We did not give them the earnest money because we do not have the money to fix roof and interior of house. We brought the issue to the owners attention and they admitted they knew... Read more »

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

If you still have time under the inspection contingency, you should send a Notice Regarding Offer to highlight the defects and include a copy of the inspection report. Then, the question would become whether the seller has the right to cure defects.

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2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Wisconsin on
Q: What is the best way for an adult child to buy her mother's house? Mother is in assisted living, house is paid off.

Are there ways to make this purchase while protecting the mother's assets? Alternative financing? Not using a real estate broker? Do siblings need to agree to the sale?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

You should consult with an elder law attorney to consider planning for Medicaid planning purposes.

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2 Answers | Asked in Landlord - Tenant for Wisconsin on
Q: My tenants want to leave. I agreed to let them out of the lease but they refuse to leave in a timely fashion. What now?

24 month lease, 17 months to go, they want their full security deposit back. I agreed because I want them out and I want to move back in.

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

Do you have a written agreement to terminate the Lease? If not, the lease likely remains in place and they are bound by its terms. If you want them gone and you don't have a written agreement as to when they will vacate, you should plan to hold them to the strict terms of the lease and... Read more »

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2 Answers | Asked in Business Law and Collections for Wisconsin on
Q: I am ready to send a business owner the creditor demand letter. Do I need to mail it?

This business owner owes me over $10,000. I texted him and emailed him asking him to pay me back but he just ignore me. I can mail a demand letter to him but my guess is he won't read it. I just want to start this process. How should I start? Thanks!

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

It depends on how much the business owes you over $10,000. The small claims limit is $10,000. If the business owes you less than $20,000-25,000, you may be better off filing in small claims court and representing yourself instead of hiring a lawyer to file in large claims.

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