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Wisconsin Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Landlord sent my husband an email addressed to us both that she is not renewing our lease. She did not CC me.

We are on a yearly lease. Both of our names and signatures are on lease. We have been here for two years. Our lease expires May 31. Our landlord is private/independent. Today she sent my husband (to his personal e-mail address) an email in which she addressed it to us both (Dear Mr. and Mrs.... View More

James L. Arrasmith
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answered on Apr 16, 2024

In most cases, a landlord is not legally obligated to send separate emails or CC both tenants when communicating about the lease. As long as the email is addressed to both of you and sent to one of the email addresses provided, it can be considered a valid notice.

However, it is generally a...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can I file a lawsuit for being terminated from a HUD program for non-payment if rent during the moratorium?

I was terminated from a the HUD Housing Voucher program for non payment of rent. Shortly thereafter my landlord filed for eviction because once terminated, there wasn't the protection. I didn't even owe a full months rent. Day of, I Called the courthouse to be patched throug and and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you provided, it seems like you may have grounds for a lawsuit against the HUD Housing Voucher program and potentially your landlord as well. Here are a few key points:

1. Eviction moratorium: If you were terminated from the HUD program and subsequently evicted...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I rented my private WI home to my great niece. They want to get an ESA. Do I have to accommodate their request?
James L. Arrasmith
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answered on Mar 31, 2024

As a landlord, you may be required to accommodate a tenant's request for an Emotional Support Animal (ESA) under the Fair Housing Act (FHA), even if your property is a private home. Here are a few key points to consider:

1. The FHA applies to most housing situations, including private...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord in WI require you to waive your HIPPA rights so that they may directly contact your doctor for an ESA?

My landlord/property management company is requiring me to sign a release form so that they may contact my doctor and asking him questions regarding my disability and my need for an ESA animal. According to my research, this is a clear violation of the FHA laws as landlords are not allowed to... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it does seem like your landlord may be violating your rights under the federal Fair Housing Act (FHA). Here are a few key points:

1. The FHA prohibits housing providers from discriminating against individuals with disabilities, including those...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Wisconsin on
Q: If my girlfriend let me move in with her and I've lived there for 9 months is she legally aloud to kick me out with out?

With out a 30 day notice.

James L. Arrasmith
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answered on Nov 12, 2023

In Wisconsin, if you have been living with your girlfriend for nine months, you are likely considered a tenant under the law, even if there is no formal lease agreement. As a tenant, you are entitled to certain rights, including proper notice before being required to move out. Generally, this means... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: If I pay my back rent can I still stay in the premises after I received a 28 day notice terminating tenancy?
T. Augustus Claus
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answered on Aug 28, 2023

In many cases, if you receive a 28-day notice terminating your tenancy due to non-payment of rent and you subsequently pay the back rent owed before the notice period expires, you may be able to prevent the termination of your tenancy and continue to stay in the premises. Paying the back rent... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Can you evict a tenant with no lease on a verbal agreement

Yes verbally

Anthony M. Avery
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answered on Oct 4, 2023

Yes... Hire a WI attorney to file suit for possession.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Rent I am expected to pay now is different from what was agreed upon and clearly stated on the lease, what should I do?
John Michael Frick
John Michael Frick
answered on Oct 1, 2023

Pay exactly what you agreed in the lease. On time. No more. No less.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Wisconsin on
Q: I own a house with 7.4 acres. It just went into foreclosure. They gave me 6 months to pay 13,000 . Can I sell 3 acres?

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... View More

Leonard R. Boyer
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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.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: We are in WI. We are month to month lease. Landlord told us on 10/1/20 that we must move 11/1/20.

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... View More

Sarah Lynn Ruffi
Sarah Lynn Ruffi
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.... View More

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Wisconsin on
Q: Am I relieved from rent, considering that I haven't been living there since earlier this March due to covid-19?

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... View More

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Wisconsin on
Q: Was a guest at friends apartment for week. I was completely mauled by FLEAS

And limitations if any.

Tim Akpinar
Tim Akpinar
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... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Rent was 600 1st year 675 2nd year 700 3rd year per month and now they want 750 a month. Can they do that ?

Trying to figure out why rent just keeps going up and when will it stop

Jason Anthony Greller
Jason Anthony Greller
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.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My landlord was living in the home previously and left behind items 6 months later is refusing to move them out

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... View More

Jason Anthony Greller
Jason Anthony Greller
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... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My landlord passed away, how long do I have to stay here?

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?

Jason Anthony Greller
Jason Anthony Greller
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,... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My landlord has entered my unit multiple times without notice - what can I legally do?

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.

Jason Anthony Greller
Jason Anthony Greller
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... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: May I pay my last rent with the security deposit? If not, what can happen if I do?
Jason Anthony Greller
Jason Anthony Greller
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.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My tenant stopped paying rent. He has been there for almost 10 years. During the virus, what can I legally do?

He responded that he has been laid off since November, I asked if he will be paying. He is no longer responding.

Jason Anthony Greller
Jason Anthony Greller
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...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: My landlord added an addendum to my current lease that says all previous six years addendums are still active. Is that

legal?

Jason Anthony Greller
Jason Anthony Greller
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.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: How long after moving out can you get charged for cleaning?

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... View More

Jason Anthony Greller
Jason Anthony Greller
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... View More

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