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 you...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 rent...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 departments. You...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 particular deduction may, depending on its...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.
When my fiancé and I moved into our apartment in October we were told we only had to pay electric. Fast forward to December and we get another utility company bill demanding we pay for sewer, gas (I have a boiler in my basement), and water. We were never told about it and now we are getting... Read more »
If a roommate is still on the lease and moves out a month early, are they still required to pay for their portion of the electric bill even if they were not living there for that month? The roommate claims that because they were not physically living in the house for that month and not using... Read more »
The departing tenant seems to equate use of the premises and utilities with responsibility for payment but a party's liability is based on their contractual agreement to be bound by the terms of the lease regardless of use. If the lease requires the tenants to be responsible for utilities then all...Read more »
Landlord is jumping the gun in terminating the tenancy. See Section 704.165. Disposing of property depends on the lease agreement and whether the landlord gave notice to tenant at the signing of the lease of the intent to dispose of abandoned property. Generally the Landlord should grant next of...Read more »
(evicted sorry didn't get much sleep to this drama) , but then she moved out all her stuff but a bed later that day and returned her key. Is she legally moved out? She never paid rent, no lease agreement or anything. Can I change the locks? she has invited numerous suspicious people into the home,... Read more »
Sounds like the family member was a tenant at will - which is a tenancy that may be created by a party in possession of the property even if they don't pay rent. But it also sounds like the tenant terminated the tenancy when she moved out the property, turned in the keys and surrendered possession...Read more »
If you have a written lease for a term you may certainly stay through the term of the lease. If you are on a month to month lease, then the landlord may terminate the tenancy with 28 days of notice before the start of the next rental period. So if your month to month tenancy starts on the first of...Read more »
A landlord can only charge a late fee if it is specifically authorized in the rental agreement. There is no statute, regulation or Wisconsin case that addresses the maximum amount that can be charged for a late fee. Some courts disfavor the use of a daily late fee and have found them to be...Read more »
Wis. Stat. ch. 704 and ch. 799, Wis. Admin. Code § ATCP 134 states that the apartment should be able to maintain a temperature of at least 67 degrees. My landlord says that it is my responsibility to keep the temperature at that level. I believe that it is her responsibility.
Yes. A landlord on a residential lease in Wisconsin has a duty to ensure that the premises has adequate heating. If the system needs to be repaired it is also the landlord's duty maintain and repair the system.
I want to serve the 28 day notice for June. How are the days counted? Do I have to serve on June 2nd to allow at least 28 days before the end of the rental period? If served on June 2nd, is it true that the 28th day (June 30) cannot fall on Sunday?
The answer to any lease question often depends on the terms of the specific lease. Generally, tenants are entitled to possession of the premises and the right to "quiet enjoyment" of the premises. Generally, landlords retain the right to enter the premises upon notice and that may include the...Read more »
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