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  1. #1
    Join Date
    Jun 2013
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    3

    Default When Can You Enter a Unit if a Tenant Moves Out Early

    My question involves an eviction in the state of: Wisconsin. I rented to some tenants effective May 1st. The property is a duplex and I live in the upper. Within the first 2 weeks of their tenancy, I was able to sleep 3-4 nights out of the 14 due to stomping, banging, yelling, pounding, loud music, tv etc. between 8 p.m. and 3 a.m. They also disregarded other items in the contract like not using the upstairs door access except for emergencies (fire, bodily harm etc.), and keeping garbage, toys, clothing, furniture (dining room chairs) etc on porch. I have that no grills, toys, garbage, etc. may be left on porch except outdoor furniture in contract. On May 18th I posted a Non-renewal notice (30 day) with a pro-rated rent amount for June 1- June 17. On June 1st when I asked for the rent via text message she responded "I am not paying rent." I then posted a 5 Day Quit or Pay. They then moved out on June 2. She texted me and asked when I would give her back her escrow and I replied that I have 21 days from the end of their legal tenancy. I also asked at that time if they have completely moved out of the premises. She never replied. Now I am not sure when I can legally go in. I understand that I could give 24 hour notice but they had a moving truck and completely emptied the house to my knowledge (I watched out the window). Due to the fact that she never responded to my question if they had vacated, what is the end date of my contractual obligations? Does the 30 day still stand, or is the 5 day the end contract? Do you think I have a civil case for double rent? Do I need to give them back their escrow anyway and sue them for it after the fact? I am not even sure if they left a forwarding address or the keys. Worried about securing property and having legal access.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: When Can You Enter a Unit if a Tenant Moves Out Early

    If you in fact gave 24 hours notice, you will already be clear to enter. Did you?

    The "pay or quit" notice doesn't relieve the tenant of her obligations. Your formal termination of the tenancy sets the end date for the tenancy.

    Why do you believe you would have a claim for double rent? When you say "escrow" you're referring to a security deposit in your escrow account?

  3. #3
    Join Date
    Jun 2013
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    3

    Default Re: When Can You Enter a Unit if a Tenant Moves Out Early

    Wisconsin law 704.27 provides that an owner can recover a minimum of twice the daily rent amount for the time tenant remains in possession of the unit after expiration of 5 day Quit or Pay. Also, Wisconsin Statute 943.215 Absconding without paying all current and past due rent is guilty of a Class A misdemeanor.

    If you think that the 30 day Non-Renewal date (June 17) is the end of their contract with me, what do I have to file to recover my losses. They never told us when they were leaving and just packed up and left. If she told me she is not paying rent and still occupied the premises June 1, would the Wisconsin Statute 704.27 apply? I called the security deposit escrow. Sorry. Do you think I should hold their security deposit or give it back and sue them for damages. I had one other eviction in the last 20 years and the Judge told me that it was better to return security and fight them for damages. I don't understand what good the security deposit is good for if you can't hold it for damages.

    I went in the apartment today. They left it clean (except for burn holes in new carpet installed week before they moved in) and some broken blinds which were all new when they took occupancy.

    If they have vacated without leaving forwarding address, how do I serve them and what do I file? I wouldn't file for eviction now. Thank you for your help. I have never had anyone just leave without paying the rent and not sure what to do.

  4. #4
    Join Date
    Sep 2005
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    Default Re: When Can You Enter a Unit if a Tenant Moves Out Early

    Quote Quoting Steve86
    View Post
    Wisconsin law 704.27 provides that an owner can recover a minimum of twice the daily rent amount for the time tenant remains in possession of the unit after expiration of 5 day Quit or Pay.
    You appear to be telling us that they moved out within the five day notice period.
    Quote Quoting Steve86
    Also, Wisconsin Statute 943.215 Absconding without paying all current and past due rent is guilty of a Class A misdemeanor.
    You can make a police report if the facts support a charge under that statute. I won't promise that the matter would be given much priority.
    Quote Quoting Steve86
    If you think that the 30 day Non-Renewal date (June 17) is the end of their contract with me, what do I have to file to recover my losses.
    You need to follow your state's security deposit law which.... I suspect you've already read.
    Quote Quoting Wisconsin Statutes, Sec. 704.28.  Withholding from and return of security deposits.
    (1)  Standard withholding provisions. When a landlord returns a security deposit to a tenant after the tenant vacates the premises, the landlord may withhold from the full amount of the security deposit only amounts reasonably necessary to pay for any of the following:

    (a) Except as provided in sub. (3), tenant damage, waste, or neglect of the premises.

    (b) Unpaid rent for which the tenant is legally responsible, subject to s. 704.29.

    (c) Payment that the tenant owes under the rental agreement for utility service provided by the landlord but not included in the rent.

    (d) Payment that the tenant owes for direct utility service provided by a government-owned utility, to the extent that the landlord becomes liable for the tenant's nonpayment.

    (e) Unpaid monthly municipal permit fees assessed against the tenant by a local unit of government under s. 66.0435 (3), to the extent that the landlord becomes liable for the tenant's nonpayment. (f) Any other payment for a reason provided in a nonstandard rental provision document described in sub. (2).

    (2) Nonstandard rental provisions. Except as provided in sub. (3), a rental agreement may include one or more nonstandard rental provisions that authorize the landlord to withhold amounts from the tenant's security deposit for reasons not specified in sub. (1) (a) to (e). Any such nonstandard rental provisions shall be provided to the tenant in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS." The landlord shall specifically identify and discuss each nonstandard rental provision with the tenant before the tenant enters into a rental agreement with the landlord. If the tenant signs a nonstandard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed the nonstandard rental provision with the tenant and that the tenant has agreed to it.

    (3) Normal wear and tear. This section does not authorize a landlord to withhold any amount from a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law.

    (4) Timing for return. A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under subs. (1) and (2), within 21 days after any of the following:
    [indent]
    (a) If the tenant vacates the premises on the termination date of the rental agreement, the date on which the rental agreement terminates.

    (b) If the tenant vacates the premises before the termination date of the rental agreement, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins.

    (c) If the tenant vacates the premises after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises.

    (d) If the tenant is evicted, the date on which a writ of restitution is executed or the date on which the landlord learns that the tenant has vacated the premises, whichever occurs first.
    [indent]
    Quote Quoting Steve86
    If they have vacated without leaving forwarding address, how do I serve them and what do I file?
    You mean, how do you serve them with notice of your deductions from their security deposit? Per the above, by mail. I suggest using their last known address, even if it's the vacated unit. They may have placed a mail forwarding order with the post office; if not it will either be delivered or returned, depending upon whether the post office knows that they've moved.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: When Can You Enter a Unit if a Tenant Moves Out Early

    Take photos of the damage, too.

  6. #6
    Join Date
    Jun 2013
    Posts
    3

    Default Re: When Can You Enter a Unit if a Tenant Moves Out Early

    Thank you for your help.

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