State Specific Question About: WISCONSIN (WI)

I have a tenant that has violated many clauses in her lease (a one year lease signed 9-1-2013).

Breach on lease clauses are:

#3 Limits on use & occupancy

#5 Payment of rent

#6 Late charges

#11 Tenant's maintenance responsibilities

#13 Violating Laws and causing disturbances

#14 Pets

The main reason I am on here asking for information is because she has damaged my bathroom floor to the point that it must be removed possibly to the joist or further.

The cause is water from the shower, neglect by tenants. The water was noticed by the lower tenant in her bathroom, puddles of water on shelf by wall and on top of door frame, water running down walls.

The floor in the upper unit that was installed July 2013 is curling up from water sitting on it. The shower head is a wand/hand held type. I have since removed and replaced it with a stationary one.

I need the tenant out so the floor can be removed and repaired, it is unknown how much damage there is until the floor and sub floor are removed. I do know the tenants cannot live in the unit without a working bathroom especially without a floor.

I know I can issue an Unconditional Quit Notice. Does anyone know if there is a form for this or should I just use a Notice to Terminate Tenancy form?

Also I am getting different amounts of time anywhere from 3-14 days for the tenant to be out.

Which seem odd since the longer they are in the more damage they will cause.

Thank you for any help.

Gail-WI

others will have more, and likely better info than I but from what I see, you would likely be best served with the services an counsel of a good & local RE pro-Landlord atty.

Have you tried the "Happy Clause" Something like look we need to repair the bathroom floor and you obviously can't live there while we do it. Would you like out of your lease to find another place?

If you want to sweeten the pot, offer their SD back in full if out by April 1st.

Unpaid rent? Evict now. That's the fastest, surest way to get someone out shy of bribing them (like BillS suggested). I'm not above bribing someone to leave, but in this case I'm thinking these are the kind of goobers who would say "yes we'll leave for money" then 3 weeks later they are still there...and you end up having to evict them anyway.

Rent is not the issue here, it is paid to the end of this month. She is a little on the crazy side, ever since the tenant moved in downstairs she has been doing everything in her power to get her(lower tenant) to move out. Be it screaming at the top of her lungs at her kids (her kids return the screaming and include the F-word also), using the F-word as much as normal people breath. All the drama happens between the hours of 6am-10:30am then again 4pm-11pm. This is one of those tenants that signs a lease without ever reading it...but she is a teacher.

Anything and everything I ask of her be it written letter or in person is ignored, she does as she pleases.

All I need to know is if the Unconditional Quit form is real? It is the form I need.

They already know that the floor damage is cause from their neglect. I need these people out before they destroy anything else.

Gail, no such thing as an "unconditional quit" form in WI. Only 5 day, 14 day, and 28 day notices. If it is a month to month lease, you can give a 28 day notice terminating tenancy without cause. You would serve it this month and they would have until the end of April to leave.

You should really consult a WI attorney who specializes in LL law and is in the office now.

If unpaid rent wasn't the issue, why did you state "#5 rent payment" and "#6 late charges" as breach of lease clauses? Either she's paid and is not breaching, or she's not paid and she is breaching.

Gail,

Yes I would charge for the water damage to the floor

BUT...

Bathroom floors get wet. When you repair this use pressure treated plywood or cement board, caulk all the floor-to-baseboard cracks to slow this from happening again.

If I were King of the World I would RHINO-LINE the floor and up the wall a foot. Make the bathroom floor into a big tub, then add Steve's drain.

.

I would negotiate with the res to leave. Happy Clause with a deadline.

.

Yo sid (MO) she usually pays rent when she pleases around the 6 the of the month. This has been twice the first time she informed me she'd be late but she wasn't paying the late fee. The second time was this month and she just paid late no late fee and ingnors messages and letters and postings.

I have been in the unit 3 times and have taken pictures. The floor installer, my handyman and my plumber have all been in to inspect the floor.

I have been a landlord in WI for almost 29 years. In those years I've only had to evict 3 times.

There is an unconditional quit for WI but it is not used often but it is allowed, it is the harshest notice.

Pete(WI)could I contact your lawyer? It is hard to find a good one.

Thank you everyone for the advice.

Sorry for the above typos it's suppose to say: To Sid

6th of the month

Typos from my cell n the spell fix.

Gail, Jay Koritzinsky of Koritzinsky & Karls, LLC in Madison is a LL attorney with a good reputation. When I used their services, I ended up with Ms. Karls.