Landlord Tips
Creating a complete impression for your business.
New rules for Lead-Safe Renovation from the EPA
Landlord Q&A
Q I understand that one of the few things I can deduct from the security deposit, before returning it to my tenant, is rent. When I am returning the security deposit on the 15th of the month and the rent has not been paid for that month, can I withhold the entire months rent, as it is due on the 1st of the month? Or, do I hold only 15 days and then bill them for the remaining rent owed for that month.
A I’ll bet that if you talk to five different landlords you’ll get five different answers. The reality is, according to an attorney, you withhold 15 days of rent from the security deposit. Of course, you can then send an invoice or go to court to collect the balance of the rent due.
I don’t know if this is legal, however, if you were to withhold the entire months rent and with the understanding of the tenant that if the apartment was rented between the 15th and the end of the month that you would refund that portion of the rent on a pro-rated basis. Let me know what you would do.
Q My tenant is challenging a winter move-out clause. (Meaning the tenant may not move out during the winter months.)
A There are many landlords that have the winter move-out clause in their rules and regulations. However, if they have a rental agreement which is of one year and it expires during the middle of winter, I doubt that a judge would rule in your favor. If they have a rental agreement that expires after the winter months and they want to leave during the winter months, I’d say a judge would rule in your favor, however not because of the clause. If you have a month-to-month agreement with that move-out clause I would think that a judge would rule in favor of the tenant. That winter clause is not a good and viable clause, however, as I said previously, there are landlords that have the clause, right or wrong.
Q Can I evict my tenant in the winter months?
A If you must, yes. However, you did not specifically say why you want to evict. You need a reason such as non-payment of rent, breach of lease, nuisance (drug and gang activity) or if tenant commits waste. If tenant were to contest the eviction and goes to court the landlord will need to provide proof of the reason to the court.
Q When I asked my prospective tenant if she had ever paid rent late, she told me she had, but she legally had 5 days to pay it. Is this true?
A Absolutely not, unless you allow it. I have a feeling that somewhere along the way the five days mentioned has been confused with the 5-day notice. There is nothing in Chapter 704 or ATCP 134 that addresses that aspect of rent payment. If you use the Rental Housing Resources, Inc. Rental Agreement there is the line titled Rent that states Rent Amount (dollar) per (month) due on or before the (first) day of each (month).” You are able to specify when the rent is due. If you have a late fee charge and want to deduct it from the security deposit you must specify the amount in the Nonstandard Rental Provisions. If you want them to just pay it, then it should be in the Rules and Regulations and then does not need to be in the Nonstandard Rental Provisions.
Q I rented to two unrelated people. One of them never actually signed the lease. That is now the only person still living in the unit and the rent is not being paid. How do I handle an eviction?
A I hate to tell you this, but you got yourself into a mess for not making both sign the lease before they moved in. Apparently, you will need to proceed the same way as you would in evicting anyone. That would be obtaining a Writ of Restitution through the legal system. Make sure you name both tenants in the paper-work.
Q When is the rent actually considered late?
A Rent is considered late whenever you decide it is going to be late. You must first decide when it will be paid, such as on or before the first of the month. If the rent is not paid on that specified day the rent is considered late and a late fee can be charged, if previously agreed to in the Nonstandard Rental Provisions.
Q At the bottom of my crime free lease addendum, I wrote that the tenant has 24 hours to get out if there is a problem. Can I do that?
A If it is for drug or gang activity the tenant will have 5 days to move out. You would need to receive from a law enforcement agency proof that there was drug or gang activity being conducted at your property to enable you to terminate the tenancy. I think that if you were challenged in court you would lose on your 24-hour move out clause. As far as I can determine there is no notice that gives the tenant less than 5-days to remove from the unit.
Q We have a tenant in a duplex that has been a so-so renter for about 2 years; on a month to month lease, late rent and complaints, which I’m sick of. They had called about a problem in the basement with moisture affecting some goods that they were storing there. I told them that I would get a dehumidifier and put it down there to hopefully keep it dry. I was pretty busy at the time and put it on the back burner and did not get to it for several weeks. In the mean time they called the city and complained that I had not taken care of this serious problem. I did not need getting the city involved. I would like to get them out of the duplex. I have heard that a landlord has to be careful when they evict a tenant. Can I evict them for getting the city involved?
A You may be treading on dangerous ground if you were to use the reason that they complained to the city. There are two parts of ATCP 134 that could very well apply to this problem of yours. First - ATCP 134.07 Promises to Repair, says in effect that the landlord has to specify the date or time period on or within which the improvements are to be complete. The landlord shall give timely notice to the tenant of reasons beyond the landlord’s control for any delay in performance and stating when completion will be accomplished. Second - ATCP 134.09 Prohibited Practices, (5) Retaliatory . No landlord Eviction shall terminate a tenancy...in retaliation against a tenant because the tenant has: (a) Reported a violation of this chapter or a building or housing code to any governmental authority,… It’s always wise to have a copy of ATCP 134 and Chapter 704, Landlord and Tenant Law to be able to refer to. You can obtain a copy of The Wisconsin Way, which is A Guide for Landlords and Tenants at:
http://datcp.state.wi.us/cp/consumerinfo/cp/factsheets/pdf/cp-127web.pdf
Q After notifying my tenant that I would be putting my duplex on the market to sell, my tenant changed the locks and did not provide me with a key. I need to show the unit and have given proper notice, but can not get in. What should I do?
A I’ll bet you feel like being between a rock and a hard place. Have you tried contacting them to explain your rights as a landlord. If they will not listen or you can not contact them, it would be appropriate to send them a certified letter stating your rights and if they do not give you a key, that you will have a Locksmith open the door and charge them the cost.
Probably an easier and faster way would be to give them a 5-day “Remedy Default” notice if you have a lease, but not if you have a M-to-M. That means they give you a key or they have to move out.
When signing the Rental Agreement with a new tenant, it would be a good idea to give the tenant a copy of the “Tenants’ Rights & Responsibilities” information. It is available from the State Consumer Protection agency.
In part it reads: “A landlord has the right to inspect, repair, and show the premises at reasonable times. Except for emergency situations, the landlord may enter only after a 12-hour advance notice unless you allow entry on shorter notice.”
Get this information and giving it to your tenant will help them understand their rights and above all their responsibilities.
Information appearing here does not constitute legal advice, please seek the guidance of an attorney for specific information.
Got a Landlord question? Ask it here!
|
|
|
|
Answers given are NOT legal advice. By submitting a free question to Wana-be Landlord LLC, you understand and agree that your question and any answer provided by our staff will become part of the Wana-be Landlord LLC public database and the sole property of Wana-be Landlord LLC.
|
|
|
