Question:A tenant signed a lease and failed to pay the initial rent or security deposit. The tenant is causing damage to the property, making it inconvenient for the landlord to work on the property. The tenant is extremely noncompliant and is unbearable for other tenants. Given these circumstances, what legal actions can the landlord take against the tenant? What is the process for evicting the tenant and recovering any unpaid rent or damage caused by the tenant?
Answer:
A landlord may attempt to work with the tenant to find a mutually agreeable solution regarding the situation. If no resolution is forthcoming, and a tenant is late or stops paying rent altogether, the landlord may give the tenant written notice regarding that deficiency. Review Wis. Stat. § 704.17-.19 to determine what type of notice to use and whether the tenant has the right to cure the default or must simply move out.
For a convenient chart summarizing which notice to give, how to give the notice and any applicable time frames, review the pointers for giving notice using WRA landlord/tenant forms at www.wra.org/GivingNotice. In addition, a discussion about which notice is appropriate depending on the type of tenancy and the kind of default involved is discussed on pages 5-7 of Legal Update 03.07, “Residential Rental Primer” at www.wra.org/LU0307.
Landlords should consult with an attorney before pursuing any eviction. If a person needs an attorney, they may contact the Wisconsin State Bar’s Lawyer Referral and Information Service (LRIS). When a person calls the service, they will first speak with a legal assistant who helps determine the nature of the potential dispute. The assistant will refer attorneys in the person’s area who have practice in matters related to the potential dispute. Attorneys referred through LRIS agree to provide the first consultation of up to one half-hour for free. A person can reach LRIS by phone at 800-362-9082, open Monday through Friday from 8:00 a.m. to 5:00 p.m. The online service, which permits a user to search for an attorney by geographical location and area of practice, is available 24 hours per day at www.wisbar.org/forPublic/INeedaLawyer/Pages/i-need-a-lawyer.aspx...
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- - Volume: 11 - WEEK: 19 Date: 5/9/2023 5:49:05 PM -