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Wisconsin Questions & Answers
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...
Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: with this virus thing going on and i cant pay it this month what happens to me
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

talk to your lenders, landlord, bank.

try to defer, negotiate, reduce.

everybody is in the same boat.

best luck

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: my brothers inherited our family farm the property was never split,my brother left his half to me how do i claim it
Thomas B. Burton
Thomas B. Burton answered on Apr 8, 2020

The answer to this question depends on whether your brother left you his half through his Will, or through a trust, or by deed. Depending on which instrument he used, you will need to examine the instrument itself. If he left it through a Will, it is likely a probate action will be needed in... Read more »

1 Answer | Asked in Gaming for Wisconsin on
Q: Are there any legal issues with running an online trivia game as a fundraiser?

I am an employee of a tax-exempt Catholic Parish in Wisconsin. I am considering doing a series of trivia nights through an online platform during COVID-19. These would be to raise money for the youth group, the mission club, etc. There would be an entry fee paid by credit card or debit card... Read more »

Jason Brooks
Jason Brooks answered on Apr 8, 2020

There is more to it than this, but generally, there are specific state and federal rules against hosting a lottery (i.e. a game of chance). If you're hosting a game of "chance" (as opposed to one of skill) there must be a "No purchase necessary to Play" option for EVERYONE eligible to play.... Read more »

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 Business Formation and Business Law for Wisconsin on
Q: A friend and I want to merge our separate LLCs within the next few years to make one business. Is this possible legally?
Gregory Byrnes
Gregory Byrnes answered on Apr 6, 2020

Yes, it is possible. You will want to review the Wisconsin LLC Law under "SUBCHAPTER XII MERGER; CONVERSION" - Here is the statute: https://docs.legis.wisconsin.gov/statutes/statutes/183/XII/1207. If the other company is not a Wisconsin LLC, the steps may be different, but every jurisdiction I can... Read more »

1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Hi is there a statue of limitations on appealing a general court martial
Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

You could repost this under the Military Law section. It is not an ordinary appeals matter in a civil court. You could also consider reaching out to military law attorneys you find under that section, or ones you find on your own independently on the outside to see if they could offer you a free... Read more »

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... Read 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 you... Read more »

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Wisconsin on
Q: Hi is there a statue of limitations on appealing a general court martial
Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You should repost your question in the Military Law category. You're asking about something which is outside normal civilian appellate practice. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Small Claims for Wisconsin on
Q: Rental next door-Constant noise. can I sue the landlord
Jason Anthony Greller
Jason Anthony Greller 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 quiet enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.

1 Answer | Asked in Landlord - Tenant and Small Claims for Wisconsin on
Q: Can I sue an honor for not stopping noise from his tenant?
Jason Anthony Greller
Jason Anthony Greller 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.

1 Answer | Asked in Contracts and Landlord - Tenant for Wisconsin on
Q: Can a landlord in wisconsin deny a tenant to break a lease?

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

Jason Anthony Greller
Jason Anthony Greller 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 rent... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I signed an apartment lease in WI, 4 days later I called the leasing office to cancel it. Do I have to pay the rent?

I never moved in, I called to cancel it before my moving date. But they said I'm liable to pay the rent until someone re-rents. But they rented two same units, same price, and same style, not mine. What happens if I stop making payments?

Thanks in advance

Jason Anthony Greller
Jason Anthony Greller answered on Mar 30, 2020

Assuming that the lease is enforceable, which may only be determined after review by a qualified attorney, you may be liable for the full contract amount. The landlord is under a duty to mitigate damages and to work to re-rent the unit. That duty does not necessarily mean that the landlord has to... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In WI my husband and I were planning to purchase a condo. With COVID 19 we want to back out. Can we get earnest money
Jason Anthony Greller
Jason Anthony Greller answered on Mar 29, 2020

Your rights and obligations under the contract can only be determined after reviewing the entire offer. Generally, a buyer may only use a valid contingency to terminate an offer. Simply deciding that the market conditions are no longer ideal to move forward is not typically a valid reason to... Read more »

1 Answer | Asked in Consumer Law and Banking for Wisconsin on
Q: I'm having consumer protection issues

I filed a report with Federal Consumer Protection Bureau

Nathan DeLadurantey
Nathan DeLadurantey answered on Mar 26, 2020

I would need more details to be able to assist you. I recommend looking for a consumer lawyer that offers free consultations and calling them up for advice.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If I dont except the district attorneys deal can I be charged with bail jumping?
Michael Hayes
Michael Hayes answered on Mar 24, 2020

No. The conditions of bail are not violated by declining to accept an offer made by the District Attorney. You have the right to fight the case, which includes having motion hearings and a jury trial. You have the absolute right to advise the District Attorney that you are rejecting the offer.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I had a misdermeanor dismissed, it showed up on a background check and I failed. How can this happen?
Michael Hayes
Michael Hayes answered on Mar 24, 2020

It’s likely that the employer misread the document or was influenced by the mere fact of the arrest. What you refer to as a background check is a document prepared by the Wisconsin Department of Justice Criminal Information Bureau (CIB) based on fingerprints taken when you were arrested. The fact... Read more »

1 Answer | Asked in Collections and Traffic Tickets for Wisconsin on
Q: Can the state of Wisconsin Dept of Rev collect on a 8 year old traffic violation? I just received notice.

I was an out of state commercial driver.

Michael Hayes
Michael Hayes answered on Mar 24, 2020

Yes. In Wisconsin a judge can order indefinite income tax refund intercept if the ticket is not paid by the deadline set in court, usually within 60 days of judgment.

1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: If I were to use the words snoop dogg on a tshirt in reference to a plain dog theme, is that a violation of a IP?

can i send the example of the t shirt for reference? dog theme is purely general, no negative/positive undertones,

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

The issue here may not be one of trademark but rather the right of publicity. Snoop is a celebrity whose name, image and likeness have monetary value. If someone else uses that for monetary gain they could be liable. Feel free to email me at tania.williams@williamsfirmpa.com for a consult so... Read more »

1 Answer | Asked in Education Law for Wisconsin on
Q: if a student were to trip and break something do they have to pay for the replacement?

It was a hazardous wire in front of a TV, then said student accidentally broke the TV would the student then have to pay for a replacement?

Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

It could depend on the school district. Many districts across the nation would let it go, treating it for what it was, an accident. Students should not be held accountable if their conduct was accidental. Further, there could be insurance to cover such losses. Your question remains open for four... Read more »

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