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... View 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... View 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... View More

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.

See:

704.07  Repairs; untenantability.

(1) ... View More

Yes, you would have to serve the notice on June 2nd. There is no restriction on the 28th day falling on a Sunday.

Section 704.19 Wis Stats outlines the rules relating to 28 day notices terminating periodic tenancies.

Please make note of the provisions of Section 704.19 (7) which... View More

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... View More

Both are true. Landlords cannot deduct this cost from security deposits and may seek to recover the costs through billing or an action to recover the cost.

Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear &... View More

Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a... View More

If the lease specifies that the tenant is responsible for the payment of utilities, then their failure to pay the utilities is a breach of the lease. Depending on the lease type, you could then deliver to them a Notice to cure their breach. If they failed to cure, within the allotted time, then you... View More

I have not seen your lease, but it sounds to me like someone forgot to change the dates on the front of the lease. It seems they intended the lease to run for at least one year from the date you signed it, but if that was their intent the dates are unclear. If it had said "This lease is for... View More

This question is really better suited to a personal injury attorney than to a real estate or landlord/tenant attorney.

Your lease probably does not oblige the landlord to pay medical bills for injuries occurring on the property.

However, if your landlord is charged under the lease... View More

Statutes of limitations vary based on the type of claim. In Wisconsin, there is a 6 year statute of limitations on commencing contract actions. If the creditor took a judgment, then that judgment becomes a lien on the property of the defendant for a period of 10 years. Even though the lien on... View More

Landlord has a certain amount of time to appeal the judgment. Assuming he does not appeal you may then try to collect on the judgment. The Wisconsin Court System publishes a pamphlet on the Basic Steps in Collecting on a Judgment for Money. A link to that overview is located at... View More

Arguably the apartment manager could be liable for theft of property caused by their failure to secure your apartment after gaining access. However, it is pretty difficult to prove the loss of cash. Perhaps you can reach an agreement with the manager for a rent credit.

There are a couple of issues here. Responsibility for utilities needs to be spelled out in the lease. Depending on the locality, it may be common to refer to water and sewer as parts of the same whole - particularly if they are billed together on the same invoice by the municipality. If this is the... View More

Your question is not very clear. It depends what the notice says and what your lease says.

Your landlord had 6 years from the date the debt accrued to file a lawsuit or be time barred from pursuing it. This is what the statute of limitations says. Your main options are: 1) refuse to pay the balance because the landlord didn't do anything to collect before the statute of... View More

In order to be able to give you an informed answer, I would need to see the lease. If your lease was assignable and if your lease included a 60 day termination provision for a month-to-month tenancy, then you are probably stuck with the 60 day notice period.

Assuming that your mother is competent to sign the lease, she likely has an enforceable contract. However, the landlord has a duty to mitigate its damages, which means that the landlord is responsible to use reasonable efforts to find a new tenant.

If you signed a Lease and the landlord gave you a copy of the same document, you most likely have a valid lease.