State Specific Question About: WISCONSIN (WI)

I know this maybe a noob situation but I would like to learn from my mistakes from those who are more knowledgeable than myself.

I have a tenant renting the lower unit in a duplex (We live upstairs) just him and his daughter.

I noticed on memorial day that there was an unrecognized car out front and made not of it as a possible guest. my lease is a standard lease and allows guest for up to 14days. Well 10 days ago I heard some noise outside at about 1am and noticed a uhaul truck and he was unloading stuff (he has been here for 11months) I stepped outside and asked if he was moving out and he said that he was moving his stuff in from a storage facility that was closing shop (HA)!

I continued to notice the vehicle here every night (regretfully I did not take a pic every night)and laundry issues, noise, etc coming from the unit. anyways confronted him and told him that any adults here need to fill out an application and get on the lease otherwise he is in violation. he denied it at first then finally agreed to submit an application for her (GF). get app and she has an eviction and is due in court tomorrow 7/1, he said it was because she didn't fill out 60day notice (HA HA AGAIN).

anyways said that she could stay if he was responsible and that an additional security deposit = 1mo rent is due for the risky tenant as on her own she would not get the unit let alone view it. he says ok and agreed to pay me over 3 months. well today I sent a reminder that payment is due tomorrow and is due in cash only and no partial payments accepted (so rent plus 1/3rd in full). he said he can give me rent in cash and rest in check then pay me again on fri another 3rd towards deposit - rubber check alert. I said no. we were supposed to sign a lease tomorrow with everyone on it.

well back and forth via text, he tells me he cant, he didn't know, he cant get to the bank blah blah.

I said that he was in violation for moving in an unauthorised tenant at 1am and that is grounds for eviction and that he put himself in this situation, see you tomorrow good night.

he text me back saying that greed is a sin and that I will be getting money by fri and that I should read my lease as they have not been here for 2 weeks! NICE TRY

before you start flaming me I know he is gone at this point but how? would it be difficult to prove that they have been here for longer than 2 weeks in court as this would be my 1st eviction, well I guess he acknowledged that they are tenants when she filled out an application right?

- evict for breach and risk possible damage to apartment

or should I

-wait and collect what he gives me tomorrow and then give him et al. a 14 notice to vacate for breach or 28day termination (MTM btw)?

Maybe I should have done something sooner but I wanted to work with him a bit as he has been an OK tenant and before him I sat on the place for 8months trying to get it rented

I made some concessions and I now I am feeling regret

consider me a sponge at this point and hope to soak up some of your wisdom, knowledge and experiences. HELP

All in all, it sounds like you are taking the proper and right steps...hang in there...

I have somewhat controversial lease clause that states when we discover an unauterised tenant takes up tenacy, the rent will then go up $250/mo.

Only had one case that I enforced this clause...Once I discovered it, I sent an application for the new roommate to fill out or else...application was not filled out, so it was obvious the new tenant had some credit/background issues that they knew would result in denial...so we invoked the $250 extra rent...and they paid... 4 yrs x $250+/mo = $12000 extra income...

Everytime I tell this story, I get flak about why we should NEVER do this...and I agree that newbies probably should not do this...

In my case it worked out...however, I was monitoring very closely for the first year...less in following years...but even then...monitored and will continue to do so...

We have only had a couple of minor problem issues come up that were quickly cured with our notice to correct...

It worked for us...this time...but it certainly be somewhat a high risk if you do not have the gumption to monitor and take charge to correct other future problem issues...

First time I have heard this one Irish. Pretty sweet. A investor could put a down on another sfh for that in the lower priced states. Did you or your staff ponder on what it was they were hiding from? It would have crossed my mind.

Nope Josh...never did find out...just went to the bank...and we are still going to the bank..

ROTF at the Tenant dearest with she hasn't been there for 2 weeks. Yeesh. So what puddin cup. She has moved in and has established this dwelling as her residence. Submitted a application. and... viola!

She has a eviction. So guess what.....?

Here is your 30 day termination of tenancy.

After he pays you everything even if it is a bit late. Then with any luck their last day will be Independence day. Set them freeeeee!

The situation you describe with you actually living at the rental property is a difficult one. You feel that your personal home is being violated when tenants push the envelope. I commend you on having a MTM agreement, so that you can end the contract if conditions become intolerable. In the meantime, collect the extra security deposit and monitor the situation closely to see how it plays out. That will be easy to do, since you are right there.

He told you greed was a sin? LOL I hope you told him that lying and theft are sins too, since those are what he and his gf are doing to you, so he shouldn't be throwing stones and all that.

Good for you for not putting up with his nonsense and deciding he has to go. That's the first step. How to get him out is really up to you and how much drama you want to deal with. He's going to fuss no matter what, and you can never guarantee a vacating tenant won't do damages, so just stick to your guns with whatever you decide and don't get emotional or dragged into unnecessary communication. Time to go by the book and keep everything formal and documented.

You've already been very nice with this guy and he's abused it, so I'd serve the 14 day and be done with him and gf sooner rather than later, plus getting him out now would give you a couple extra weeks of summer to find a new tenant... but that's me, and I'm not a nice person when tenants try to play games with me.

Ok, so moving someone in without your knowledge isn't greed?? Oh wait moving his GF in when they aren't married (that would be lust)??

You're doing the right thing by standing by what your lease states. Serve him with the 14 day. If you let him slide on this then he will push and see what else he can get away with.

You reacted a lot sooner than I did in my situation that was very similiar (I never saw a Uhaul truck). My only advice, and it was learned from this site, is to never give into anything...it sets the precedent (sp) and the tenant will continue to see himself as having the upper hand over you.

Sometimes you face the lion, sometimes you have to be the lion.

The GF didn't have money for her rent. Now he doesn't have money for his rent.

Basically agree. In my case I allowed a tenant to move in a BF--who was babydaddy--but made him fill in the app and raised the rent $100/mo for the extra person(and as a penalty for breach of contract). They paid it till her lease ran out(7 months) then moved to find something cheaper. Hey, $700 is $700!

She emailed me to (rub it in) that they got their new place even cheaper than my orig rent and were now "a family." New LL evicted them for non paymt 6 mo later--and I laughed!