 ApplyDamge B/F Rent? (by Jackie [CA]) Feb 10, 2008 10:42 AM
 ApplyDamge B/F Rent? (by Opinionated [NC]) Feb 10, 2008 11:17 AM
ApplyDamge B/F Rent? (by Opinionated [NC]) Feb 10, 2008 11:48 AM
ApplyDamge B/F Rent? (by Jody [MN]) Feb 10, 2008 11:51 AM
ApplyDamge B/F Rent? (by Jackie [CA]) Feb 10, 2008 12:20 PM
ApplyDamge B/F Rent? (by streetracer [RI]) Feb 10, 2008 3:30 PM
ApplyDamge B/F Rent? (by Jackie [CA]) Feb 10, 2008 4:14 PM
ApplyDamge B/F Rent? (by Jody [MN]) Feb 11, 2008 6:12 AM
ApplyDamge B/F Rent? (by Jackie [CA]) Posted on: Feb 10, 2008 10:42 AM
Message:
State Specific Question About: WISCONSIN (WI)
Hi Wisconsinites: I have a tenant in WI that is continuing giving problems. I have a PM who is too easy on the tenants.
My question is two-fold: Can I apply her payment to a repair bill, damages caused by tenant, that she knows she owes for, but has not paid, before I apply it to rent? Or do I have to try to collect when she moves out?
Knowing how she is, just hovering slightly above Sec8, I anticipate she is going to leave the place in a mess and most or all of the security money will go to repairs/replacements and this may not get paid for.
My PM deducted this money from my proceeds this month!!
And: Can I apply payment to late fee before applying it to rent?
Anyone know of a good PM in WI????????
--66.74.xxx.xx |
ApplyDamge B/F Rent? (by Opinionated [NC]) Posted on: Feb 10, 2008 11:17 AM
Message:
My one academic credit in the study of law is from the early 1960's. English Common Law had it that payments tendered by a tenant were to be applied first for the payment of rent. Further, a stipulation on the memo line of a check that a payment is for rent is binding on the payee of that check. I ran into a little problem in magistrate's court (small claims) about two years ago on this issue. Magistrate was fuzzy on his understanding of this point of law and the tenant got all confused- things worked out OK for me. So now in my lease, I have stipulation that any payment tendered, no matter how designated, can be applied at the sole discretion of the landlord to any and/or all payments owed to the landlord. This has not been tested in court and I hope it will not be necessary to do so. I know of no way to make things more favorable for the landlord. --66.44.xxx.xxx |
ApplyDamge B/F Rent? (by Opinionated [NC]) Posted on: Feb 10, 2008 11:48 AM
Message:
One more thing, your PM is not a tenant. I would expect that PM would deduct expenses from any money forwarded to property owner. --66.44.xxx.xxx |
ApplyDamge B/F Rent? (by Jody [MN]) Posted on: Feb 10, 2008 11:51 AM
Message:
What city in Wisconsin are you trying to find a PM for? --24.197.xxx.xxx |
ApplyDamge B/F Rent? (by Jackie [CA]) Posted on: Feb 10, 2008 12:20 PM
Message:
Jody - The city is Waukesha, but Milwaukee would be close enough for a PM to manage.
Opinionated - Yes, I know you are correct on this, but I don't think the PM tried hard enough to get it from her. Why should she care, not her money.
Thanks for replies!!
--66.74.xxx.xx |
ApplyDamge B/F Rent? (by streetracer [RI]) Posted on: Feb 10, 2008 3:30 PM
Message:
What does your rental agreement say?
Mine states "Payments received from tenants shall be applied first to any damage to the Property caused by Tenants, their visitors or agents, next to late fees, and finally to rent. " --70.188.xxx.xx |
ApplyDamge B/F Rent? (by Jackie [CA]) Posted on: Feb 10, 2008 4:14 PM
Message:
It's one page....so you can imagine it doesn't say much. I like your verbage, just don't know if it's legal in WI. --66.74.xxx.xx |
ApplyDamge B/F Rent? (by Jody [MN]) Posted on: Feb 11, 2008 6:12 AM
Message:
Sorry Jackie. Might've been able to help if it was La Crosse or Madison area. Know people there. --24.197.xxx.xxx |
Reply:
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