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Wisconsin Landlord - Tenant Questions & Answers
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 Real Estate Law and Landlord - Tenant for Wisconsin on
Q: My lease has 2 different terms which is correct?

The front page of the lease says "for the year of Jan. 1st 2018 to December 31st 2018" in the provisions on the 2nd or 3rd page it says "both the tenant and landlord acknowledge this lease is for a minimum of one year" the lease was signed in September 2018, does that mean our... View More

Thomas B. Burton
Thomas B. Burton
answered on Feb 11, 2019

I have not seen your lease, but it sounds to me like someone forgot to change the dates on the front of the lease. It seems they intended the lease to run for at least one year from the date you signed it, but if that was their intent the dates are unclear. If it had said "This lease is for... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I slipped on icy steps on my landlord property can i make him pay my medical bill and lost wages
Jason Anthony Greller
Jason Anthony Greller
answered on Jan 17, 2019

This question is really better suited to a personal injury attorney than to a real estate or landlord/tenant attorney.

Your lease probably does not oblige the landlord to pay medical bills for injuries occurring on the property.

However, if your landlord is charged under the lease...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Wisconsin on
Q: Is there a statute of limitations on when you can sue someone? Its been over 10 years since the judgement.

I was evicted over 10 years ago and now the management company is trying to sue me for $5500. Can they still do this? The judgement was entered on Feb. 28 2008.

Jason Anthony Greller
Jason Anthony Greller
answered on Dec 3, 2018

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... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: How long does a landlord has after judgement been issued for him to return the deposit and prorated rent to me?

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... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Nov 28, 2018

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... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My apartment manager left my apartment unlocked after letting pest control through, and I had money stolen.

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... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Nov 6, 2018

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.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Wisconsin on
Q: can my landlord force me to pay for sewer when only water was noted on the lease?

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... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Oct 26, 2018

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... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Wisconsin on
Q: Renters debt now 10 years old. Am I liable to pay this debt back now? The collector/owner is requesting that I do.

I live in WI. I did not pay balance owed, because they never repaired what was broken when I put in a work request for it, on the condition of major appliances leaking or not operational. I moved from there in 2008 because of the non repaired appliances. I reapplied for this apt. complex in 2018... View More

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Aug 21, 2018

Your landlord had 6 years from the date the debt accrued to file a lawsuit or be time barred from pursuing it. This is what the statute of limitations says. Your main options are: 1) refuse to pay the balance because the landlord didn't do anything to collect before the statute of... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: can a landlord have you move before lease is over for no reason or any reason on the notice
Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Aug 21, 2018

Your question is not very clear. It depends what the notice says and what your lease says.

0 Answers | Asked in Landlord - Tenant for Wisconsin on
Q: non smoking and security apt

there is no security the smokers hold the doors open to smoke in doorways,in the emergency exit. they also smoke in there non smoking apt. i been here since dec. 2016 I've put in complaints to manager. to no avail. I resently called commonbond the owner and complained to them.because of the... View More

0 Answers | Asked in Landlord - Tenant for Wisconsin on
Q: Early Lease Termination

Hello,

I signed a lease and have paid rent for 3 months thus far into the agreement. The problem is my landlord neglected to make me aware at signing of impending construction that would be occurring on my floor. The construction has resulted in the demolition of amenities promised to me... View More

0 Answers | Asked in Landlord - Tenant for Wisconsin on
Q: Problems with landlord and 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.

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.

William F Sulton
William F Sulton
answered on Apr 6, 2018

You have a coupe of options. One is to file an eviction action for unlawfully holding over. Another is to hold the tenants to the terms of the original lease agreement.

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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... View 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 Mergers & Acquisitions, Real Estate Law and Landlord - Tenant for Wisconsin on
Q: Can my previous property management company hold me to the lease of a company they bought out?

I started renting with Company A and after 2 years they were bought out by Company B. Surprisingly, the buy out was on the month that our lease was up. Company A had told us that everything would be settled and we would be put on a month to month with Company B but would have to sign a lease with... View More

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

In order to be able to give you an informed answer, I would need to see the lease. If your lease was assignable and if your lease included a 60 day termination provision for a month-to-month tenancy, then you are probably stuck with the 60 day notice period.

0 Answers | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord sue only one person on a lease?

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