I didn’t borrow this money.. My aunt and uncle did back in 2006 at 14% interest..He has passed.. I am the sole owner on the deed.I missed some payments..And instead of going after the borrower..The bank listed me as responsible for the loan and put my House into foreclosure.She was not even... Read more »
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answered on May 8, 2021
You really need to retain an experienced WI mortgage foreclosure defense and bankruptcy attorney. Selling acreage may or may not be the best option. This is not legal advice, merely ideas and suggestions to discuss with a licensed WI attorney. Good luck.
We have always paid rent on time. He is requiring us to move because he had to sell his primary residence. He has been unemployed and cannot afford his payment. He said he has to move back in here and we must move out. We have been unable to find a new place and are looking at being homeless. Can... Read more »
answered on Oct 23, 2020
Yes, he can. The CDC moratorium only applies to a landlord evicting a tenant due to the tenant's failure to pay rent if the tenant can prove certain things, including that the tenant's inability to pay rent arose from COVID-19 and the tenant has attempted to obtain money to pay the rent.... Read more »
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 »
answered on Aug 5, 2020
Probably since they are in bankruptcy, no one will pursue it although the bankruptcy trustee could pursue it if he so chose.
And limitations if any.
answered on Jul 6, 2020
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 »
Trying to figure out why rent just keeps going up and when will it stop
answered on Jun 24, 2020
Generally a landlord has the right to raise the rent at the end of a lease term. There are some exceptions when the property is enrolled in a government subsidy program.
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 »
answered on May 29, 2020
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?
answered on May 6, 2020
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 »
I was unable to get a response from my property manager, so I filed a case with the state. They're willing to pay for damages, but only what they believe things to be worth.
answered on Apr 23, 2020
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 »
answered on Apr 17, 2020
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.
He responded that he has been laid off since November, I asked if he will be paying. He is no longer responding.
answered on Apr 10, 2020
Governor Evers’ Emergency Order 15 created a temporary ban on evictions.
Evers’ Order went into effect on March 27, 2020 and continues for 60 days.
1) Landlords are prohibited from serving any notice terminating tenancy for failure to pay rent.
2) Landlords are... Read more »
legal?
answered on Apr 7, 2020
Generally, any Addendum to a lease is enforceable if the Addendum is properly made part of the lease, properly executed by the Parties and does not contain a provision prohibited by existing law.
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 »
answered on Apr 3, 2020
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 »
answered on Apr 1, 2020
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.
I am looking to break my lease in Wisconsin but my landlord is saying that my only option is to sublease and that I cannot break my lease
answered on Mar 31, 2020
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 »
answered on Mar 17, 2020
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 »
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.
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 »
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 »
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 »
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 »
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 »
So can we ask them to get out in five days?
answered on Oct 14, 2019
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 »
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