I am currently under the impression that due to Act 10 in 2011, there is a provision that specifically prohibits these types of charges, however, I've been unable to find it while searching.
answered on Mar 24, 2019
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 
The lease my tenants signed indicates that they have to pay for utilities and cable. We are located in Wisconsin.
answered on Mar 18, 2019
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
The front page of the lease says "for the year of Jan. 1st 2018 to December 31st 2018" in the provisions on the 2nd or 3rd page it says "both the tenant and landlord acknowledge this lease is for a minimum of one year" the lease was signed in September 2018, does that mean our... View More
answered on Feb 11, 2019
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
answered on Jan 17, 2019
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
I was evicted over 10 years ago and now the management company is trying to sue me for $5500. Can they still do this? The judgement was entered on Feb. 28 2008.
answered on Dec 3, 2018
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
I moved out of this house in August 17, 2018. It wasn't until today in court November 27, 2018 where the court found him (the defendent) to pay back my deposit and prorated rent. This included expenses I occurred during this time in August. In my narrative statement. I also requested $3000 in... View More
answered on Nov 28, 2018
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
The apartment manager scheduled for pest control to do a heat treatment for bed bugs in my apartment. And I was told I needed to be out of my apartment early that morning. I took with me my plants and medication with me so they would not be damaged. I was not told that there were other things that... View More
answered on Nov 6, 2018
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.
After living in this house for two years and finally moving, my landlord kept most of my security deposit for not paying the sewer bill that we never received nor knew we were supposed to be responsible for. It was not on our lease however we did agree to pay for water every three months. Are we... View More
answered on Oct 26, 2018
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
answered on Aug 21, 2018
Your question is not very clear. It depends what the notice says and what your lease says.
I live in WI. I did not pay balance owed, because they never repaired what was broken when I put in a work request for it, on the condition of major appliances leaking or not operational. I moved from there in 2008 because of the non repaired appliances. I reapplied for this apt. complex in 2018... View More
answered on Aug 21, 2018
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
I started renting with Company A and after 2 years they were bought out by Company B. Surprisingly, the buy out was on the month that our lease was up. Company A had told us that everything would be settled and we would be put on a month to month with Company B but would have to sign a lease with... View More
answered on Apr 23, 2018
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.
On 1/31/18 my mother signed a lease for an apartment that begins on 4/1/18. She has since decided to move in to an assisted senior residence, though it is not out of medical necessity. Is there any way to terminate the lease prior to 4/1/18 without penalty? They are trying to say that she will be... View More
answered on Apr 23, 2018
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.
I’m wondering if it is legally binding being that my copy doesn’t have my signature on it.
answered on Apr 23, 2018
If you signed a Lease and the landlord gave you a copy of the same document, you most likely have a valid lease.
24 month lease, 17 months to go, they want their full security deposit back. I agreed because I want them out and I want to move back in.
answered on Apr 6, 2018
You have a coupe of options. One is to file an eviction action for unlawfully holding over. Another is to hold the tenants to the terms of the original lease agreement.
We are trying to get out of our lease as we just put an offer in on a house. The landlord is refusing to work with us to get out even though we have a new tenant lined up. Also the lease states we can sublease and cant be unreasonably withheld. They are not giving us any reason why they won't... View More
answered on Sep 21, 2017
If the lease states that you may sublease, then the landlord is breaching the lease. Such a breach may allow you to get out of contract altogether.
That being said, your question is really an economic one. If it is in your economic interest to break the lease you should. One consideration... View More
answered on Jul 31, 2017
Yes: as long as all of the parties to the agreement agree.
Before vacating, our tenant broke off the inside copper pipe for our central air unit, destroying the unit. We filed a police report and he confessed to them and is waiting to be assigned to a DA. Is it better to file a civil suit now and try to get his wages garnished, or wait until after... View More
answered on Jul 28, 2017
An order for restitution in a criminal case is an order requiring the criminal defendant to pay restitution to a victim. Usually, if the criminal defendant fails to pay the order is converted to a civil judgment. Filing a small claims action will likely result in a default judgment (because the... View More
We didn't pay any rent because of disputes on a buildout that was done by the landlord prior to us moving into the space. we found out that the work had been done without the proper permits being obtained and no inspections being done. We were also not provided an occupancy permit upon moving... View More
answered on May 11, 2017
A lease is a contract. In general, non-performance entitles the other party to rescind the contract. Doing build-out work without permits is worse than non-performance, it is illegal. A party that acts unlawfully cannot come into court and ask for a legal remedy. You should consider counter-suing... View More
I went to the office and signed the lease on monday. Things in my life changed. I want to get out of this lease. They havent signed it. I dont have keys. Im supposed to meet them and move in on Monday.
answered on Apr 24, 2017
Yes. You should advise the landlord in writing that you are withdrawing your acceptance.
I live in an apartment with 3 othes, 2 of which are on the lease. I am not on the lease either. I was not able to pay rent on time and now they are trying to kick me out. They are trying to give me a 3 day notice to get out. I moved in to here in January and have been paying rent and utilities as... View More
answered on Apr 24, 2017
You are a tenant at-will. That means that your tenancy may be terminated upon proper notice. 3 days is not proper notice. It also sounds like you are a sub-leaser. Most lease agreements prohibit sub-leasing without notice to the landlord. So the other tenants would have a difficult time suing you... View More
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