Hi. So the apartment that I was living in filed for bankruptcy this past June. I have tried to pay rent but now I am wondering if I am relieved from that, considering that I haven't been living there since earlier this March due to the whole Covid-19 situation. If you could let me know I would... Read more »
A Wisconsin attorney could advise best, but your post remains open for a week. As a general matter, these can be difficult cases. Fleas are common and abundant in many places, and all sides could argue it was the other party that was the source of fleas. The cost of testing or investigation...Read more »
She told us when she moved in she would move them and 6 months later it is still here. We rent the home and two car garage and she occupies space with her personal items. Can we move it out or charge her to move it? Or charge her for the space we can’t use.? Also she has not changed her mailing... Read more »
Under Wisconsin law, unless the lease has an exception, a tenant has the right to exclusive possession of the premises. So unless your lease allows the storage of personal property by the landlord, then have the right to exclusive possession and you may take your landlord to court to enforce your...Read more »
He did not leave a will, and only has one sister alive. Can she tell me I have to vacate the property now? Also, is she allowed to come into the house anytime she wants and take things out? As my landlord was also living in the home, how do I prevent her from taking my things?
The property is now in the estate of your deceased landlord. Any heir receiving the property will take the property subject to any existing leases. If you are on a month to month lease then your lease may be terminated in accordance with law and proper notice. If your lease is for a longer term,...Read more »
Generally, a landlord can enter at reasonable times to inspect the premises, make repairs, or show the premises to prospective tenants. The landlord usually must give 12 hours notice before entry, unless immediate entry is necessary to preserve or protect the premises, such as in case of a fire or...Read more »
Generally, the security deposit may not be used to pay the last month of rent. Doing so may trigger a late payment charge. Given the current pandemic, you might consider contacting the landlord and discussing this option. They may be more lenient and understanding at this time.
I moved out end of June 2019. I got my security deposited back within the 21 days as expected. I just got an invoice dated April 2nd 2020 for cleaning that supposedly happened on June 30th 2019. It doesnt included a receipt or anything proving they brought in the cleaner either. Can they still... Read more »
Arguably a landlord may return the security deposit in full and then seek contract damages. This makes some sense for the landlord because if the tenant challenges a security deposit violation then the landlord can be on the hook for double damages and tenant's attorney fees. In this case, if...Read more »
Generally a landlord is not liable for noise caused by a tenant unless the complaining party is another tenant in the same complex who is being denied quite enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.
A tenant may choose to break the lease. The landlord is then under a duty to mitigate damages - essentially to try to re-rent the unit. The tenant may then be held liable for the months in which no rent was collected from the tenant or the new tenant, the difference between the new tenant's...Read more »
Once your lease is up you are supposed to leave but if you do not, then you become a holdover tenant. Normally a landlord could seek to evict you but this is a very unusual moment in time. At present, it would be difficult or impossible for a landlord to evict a tenant. For instance, in Dane...Read more »
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 »
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 »
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 »
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 »
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 »
Yes. If they are a month-to-month tenant, §704.17, Wis. Stats., allows you to give either a 5-day or 14-day notice for failure to rent. If they are under a lease for one year or less, §704.17(2), Wis. Stats., allows you to give them a 5-day notice to pay or vacate. No prohibition against...Read more »
I signed a lease with company A that random February 2018 to January 31st 2019. The lease has an automatic renewal clause that stated it automatically renewed for 1 year but they would sent out a noticing giving provisions for lease renewal. Company A was sold to company B in November 2018 and a... Read more »
When Company B acquired Company A your lease was also acquired and transferred to Company B whether you were told or not. so, regarding the issue of you breaking the lease and leaving early, you lose. Written contracts are written for a reason. And they are not easy to get out of.
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